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Terms of sale

1.0 These terms

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

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

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

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

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

6.1

6.1 Minor changes to the products. We may change the product:

  1. to reflect changes in relevant laws and regulatory requirements; and
  2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
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

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:

  1. we have refused to deliver the products;
  2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  3. you told us before we accepted your order that delivery within the delivery deadline was essential.
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:

  1. deal with technical problems or make minor technical changes;
  2. update the product to reflect changes in relevant laws and regulatory requirements;
  3. make changes to the product as requested by you or notified by us to you (see clause 6.).
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

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:

  1. 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.;
  2. 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;
  3. 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;
  4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
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:

  1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
  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;
  3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
  4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
  5. you have a legal right to end the contract because of something we have done wrong.
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):

 

Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous
14 day period to change your mind. 28 day period from the date of delivery for you to change your mind.
Consumer to pay the cost of return Perkins to pay for the return shipping if you use one of our approved methods.

8.5

When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

  1. products sealed for safety purposes, if these have been unsealed after you receive them;
  2. Any products which become mixed inseparably with other items after their delivery.
8.6

How long do I have to change my mind?

  1. You have 28 days after the day we deliver the products, unless your products, from a single order, are split into several deliveries over different days. In this case you have until 28 days after the day we deliver the last delivery to change your mind about the products.

9. How to end the contract with us (including if you have changed your mind

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by going online to our returns page https://eu.perkins.com/shipping-and-returns and following the returns process set out there.
9.2 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. We will pay the cost of returning the products to us if you follow the process set out on our returns page at https://eu.perkins.com/shipping-and-returns.
9.3 How we will refund you. 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.
9.4

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

  1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page, https://eu.perkins.com/shipping-and-returns for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  2. 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 delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.5

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

  1. If the products are products and have been delivered, your refund will be made within 14 days from the day on which we receive the product back from you.
  2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1

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:

  1. you do not make any payment to us when it is due;
  2. you do not, within a reasonable time, allow us to deliver the products to you;
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the product

11.1

How to tell us about problems. If you have any questions or complaints about the product, please contact us.

You write to us at customerservices-uk@perkins.com.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • up to 30 days: if your products are faulty, then you can get an immediate refund.
  • up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us. We will pay the costs of postage. To request a return go to our returns page at https://eu.perkins.com/shipping-and-returns. Or if you need more assistance please email us at customerservices-uk@perkins.com.

12. Price and payment

12.1 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. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 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.
12.3 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.
12.4 When you must pay and how you must pay. We accept payment with Visa debit cards, Visa credit cards, Mastercard debit cards and Mastercard credit cards, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

13. Our responsibility for loss or damage suffered by you

13.1 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.
13.2 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. Where you are acting as a business we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

14.1 We will use your personal information in accordance with our privacy policy which can be found https://eu.perkins.com/privacy.

15. Other important terms

15.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.2 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.
15.3 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.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
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