Terms & Conditions
These terms and conditions together with the documents referred to in them (“Terms”) tell you the basis on which we will supply our goods (“Goods”) to you. Please read these Terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these Terms.
Please Note: These Terms only apply to "Consumers" (i.e. you are not a business, trade, profession or acting in the capacity of a director, sole trader or partner). As a Consumer, a summary of your key rights are set out at clauses 4.1 and 20.
In particular, we draw your attention to clause 23 below where we limit our liability to you.
You may wish to retain a copy of these Terms for future reference, or the Terms can also be found online at www.EngineCareParts.com (“Website”).
About Us
- The Goods and Services (and/or the Promotions and Incentives as per clause 9 of these Terms) are provided by Engine Care Parts which may be provided under any of our brands and/or trading names (such as ECP, Engine Care Parts Limited) (“we/us/our”).
- We are registered in England and Wales and have our registered office and main trading address at Q West (IH.2.28), 1110 Great West Road, Brentford, Middlesex, TW8 0GP.
- Our company number is and our VAT registration is 766436989.
About You
- By placing an order with us, you warrant that:
- You are a Consumer;
- You are at least 18 years old and legally capable of entering into binding contracts;
- The information you provide to us during the process of placing an order for Goods is accurate, complete and not misleading; and
- You are fully aware of our Terms.
- You acknowledge that clause 20 of these Terms does not apply unless you are purchasing Goods by mail order or from our Website (excluding click and collect (as defined in clause 3.1)) as a Consumer (in other words, other than in the course of a business, trade or profession).
Application
- These Terms apply to all Consumer sales of Goods provided by us to you.
- If there is a conflict between the WS provisions and any other provisions within these Terms, the WS provision(s) will prevail unless those WS provisions conflict with current legislation. Please note, your statutory rights are not affected.
- These Terms are incorporated into the supply of Goods (“Contract”) to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
- No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
Goods and Services
We are under a legal duty to supply Goods and Services that are in conformity with these Terms. To assist you, please see the box below for a summary of your key legal rights in relation to Goods and Services. Nothing in these terms will affect your legal rights.
- If you purchase Goods by any means other than via our Website or mobile app, subject to clause 20 of these Terms, the Contract will come into existence and be legally binding when your order (however it is placed) is accepted by us by way of the earliest of either:
- Our written acknowledgement of your order (by email only);
- Delivery or collection of the Goods (as applicable); or
- Each order for Goods placed by you to us will be deemed to be an offer by you to purchase Goods subject to these Terms. Each order placed by you to us for Goods and accepted by us will constitute a separate Contract.
- We may contact you to inform you that we are unable to accept your order for any of the following non-exhaustive reasons:
- The Goods are no longer available;
- We are unable to authorise your payment;
- There has been a mistake regarding the pricing or description of the Goods and/or Service (including the expiry of any promotion);
- It is illegal for us to sell and/or for you to purchase the Goods ordered;
- There has been an error in the address entered which does not allow us to complete the order;
- By reason of clause 10.2.1.
- We do not offer advice to customers in respect of the suitability of any Goods or Services.
- You may amend your order at any time prior to our acceptance by contacting us using the details found on the Contact Us page on our Website, and we will use our reasonable endeavours to comply with your request. However, there may be certain circumstance in which we will be unable to amend your order.
- Whilst the registration parts finder tool on our Website may assist you in narrowing down the selection of Goods that may be appropriate for your vehicle model, you agree that it is your responsibility to ensure that you have ordered the correct Goods from us and that the Goods are suitable and fit for the purpose(s) they are intended to be used for by you.
- If we are unable to supply the Goods ordered, we may offer substitute Goods of equivalent quality and value. You are under no obligation to accept such substitutes and may request a refund instead.
- You must ensure that the information you provide to us during the process of placing an order for Goods is accurate, complete and not misleading. Engine Care Parts shall not be held responsible for any inaccuracies, incomplete, or misleading information you provide.
- All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter (“Product Information”) are intended only to present a general idea of the Goods described in them and the images of the Goods on the Website or mobile app or otherwise are for illustrative purposes only.
- We reserve the right to deliver Goods of a modified design to that of the Product Information provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
- The Goods will conform in all material respects to the Product Information. We reserve the right to amend any design or specification without notice, provided such changes do not adversely affect the performance of the Goods.
- We cannot guarantee that the appearance and/or colours of Goods shown on the Website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves.
- We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
- Technical specifications are approximations unless specifically stated otherwise.
- You will not remove, alter, deface, obfuscate or tamper with any of the trademarks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so as appropriate action may be taken by us (or the manufacturer) against you for such infringements.
- If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
- Certain Goods are subject to legally prescribed age restriction. If you are placing an order for Goods that by law, we are only permitted to sell to customers who are 18 years of age or older, then by clicking the order confirmation button, you are also confirming to us that you are 18 years of age or older, and you must verify your age to us. You further acknowledge and consent to us taking steps to verify your age by reference to publicly available third-party sources. We reserve the right not to supply age-restricted Goods where we believe that you are below the relevant minimum age.
- Our employees, representatives or agents are not authorised to make any representations concerning the Goods or their installation unless confirmed by us in writing. You acknowledge that you do not rely on any representations that have not been confirmed in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
- Any advice or recommendation given by our employees, representatives or agents to you or your employees as to the storage, application, use, servicing or maintenance of the Goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk, and we shall not be liable for any such advice or recommendation which is not so confirmed in writing.
- In respect of the order being processed you are unable to cancel your order once it has left the warehouse for a full refund. Once services are rendered which include the creation of a shipping label you must pay us for the services provided up until the time you’ve decided to cancel your order. Once the item has been shipped you are unable to cancel and would need to return the item.
Promotions and Incentives
On occasions we will run time limited promotions and offer savings including (without limitation) vouchers, discounts, codes, multi-buys, and other offers (“Promotions”) via different channels and mediums (both online and offline) to new and/or existing customers.
- Each Promotion is subject to the terms and conditions contained in this section 9.
- By participating in any one or more of our Promotions, you are agreeing to the relevant promotional terms.
General Terms of usage
- Each of our Promotions are available exclusively online unless otherwise stated in the relevant section of the Live Promotions page. If a Promotion does not explicitly state that it also applies in-store, you may not participate in nor redeem a Promotion in-store, via telephone or mail order.
- Each Promotion is subject to its own restrictions and exclusions.
- Unless otherwise stated in writing, each Promotion is single use and/or entry only and cannot be used in conjunction with any other offer, incentive or Promotion.
- Where your participation in a Promotion is conditional upon and subject to a minimum spend requirement, you may only participate in such Promotion where you have met or exceeded the relevant minimum spend in respect of your purchase of qualifying products.
- Any prizes, vouchers or other incentives offered as part of a Promotion are non-transferable, non-exchangeable and non-refundable and cannot be used for the purchase of gift vouchers and/or gift cards.
- Where a Promotion has been communicated via email, the email address provided with the order must be the same as the email address to which the Promotion was sent.
- Promotional codes are redeemed by entering such code at the appropriate point on the online purchase order process for a qualifying purchase or in the case of discounts, vouchers and/or free items, as expressly advertised.
- We accept no responsibility for any entries to our Promotions that are illegible, in-complete, lost, delayed, late, damaged or which are submitted otherwise than in accordance with this section 9 and/or the relevant section of our Live Promotions page, which shall be rejected and/or disqualified and our decision is final.
- Your entry and/or participation in one or more of our Promotions involving the purchase of Goods shall remain subject to the remainder of these Terms. All Goods are sold subject to availability and whilst stocks last.
- By entering and/or participating in any one or more of our Promotions, you acknowledge and agree that we may use your personal data to facilitate your participation in, and to provide any rewards in connection with, such Promotions. Your personal data will also be used to contact you (if required) in connection with such Promotions. All Promotion participants agree to our Privacy Notice and Cookie Policy as it relates to any awards, free offers or Promotions that the participant enters into and Engine Care Parts shall use such personal data in accordance with clause 30. We reserve the right to provide marketing materials, Website publications, promotions or competitions to you and you consent to receiving the same. Your rights and our obligations are outlined in the Privacy Notice and Cookie Policy.
Period of Use
- Promotion is only valid during the period identified, and on the dates and for the products, specified in the Live Promotions section.
- To the extent permissible by law, we reserve the right to:
- Cancel, amend or withdraw any Promotion;
- Refuse to allow any customer to participate in a Promotion;
- Decline to accept orders where, in our opinion, the Promotion is invalid for the order being placed;
- Exclude any single or group of products from any Promotion (such excluded products can be found during the online order process at the relevant checkout stage, on the Live Promotions page or prior to your purchase by contacting us using the details found on the Contact Us page on our Website); and
- Amend this clause 9 (and we will use reasonable endeavours to notify changes to participants).
Returns of products or cancellation of order
- Your right to cancel under clause 20 shall apply to any Goods ordered received by use of, or as a result of your participation in, a Promotion.
- In the case of a free item being offered, all items are subject to availability and we reserve the right to substitute such free item for any reason, for that of similar quality and value.
- All sales are final on items included in promotion which make them ineligible for refunds, exchanges or returns. Items that are found to be defective are still covered by warranty policies. Purchases that fall within the 14-day “cooling off period” that are purchased online are still able to be returned with a refund in store credit only.
Clearance Products
- Products falling within our clearance range will be listed on the clearance page of our website and marked with a clearance tag (“Clearance Products”).
- All Clearance Products are discounted against their usual selling price. We reserve the right to change the price of these products at any time at our sole discretion.
- Promotional discount codes are valid and can be applied to our Clearance Products. Clearance Products are excluded from all other promotions and discounts.
- Products may be added to our Clearance Product selection at any time at our discretion. Clearance Products will be discounted from the date they first appear on our clearance page and will remain discounted until all stocks of that product are sold.
- All Clearance Products are subject to availability and sold whilst stocks last. Clearance Products will not be replenished and once all stocks have been sold, these products will be discontinued and no longer available to purchase from us.
- Clearance Products are not sold exclusively online, but in-store stock availability cannot be guaranteed. Please contact or visit your local store to inquire as to the availability (and in-store price) of any our Clearance Products.
- Clearance Products may be provided with the benefit of a manufacturer’s warranty.
- Delivery charges apply and will be calculated at the checkout page. For more information on the delivery options available, please visit Delivery Information.
- All other terms and conditions of sale apply to your purchase of our Clearance Products.
- Where there is any conflict in this clause 9 with any other terms whatsoever attached to any other advertising material in respect of such Promotion, this clause 9 shall prevail.
Prices
- Subject to clause 10.2, the price(s) of the Goods and Services will be as quoted in our Product Information or any other marketing literature from time to time except in cases of error (see clause 10.2.1). The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
- For Goods purchased via our Website or mobile app, the price you pay is the price displayed on this Website or mobile app at the time the Contract comes into effect in accordance with clauses 4.2 and 4.3 apart from the following exceptions:
- While we try and ensure that all our prices on our Website and mobile app are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered, we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled after 24 hours from the initial contact. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid.
- Please note that the prices payable for Goods and Services in-store may vary from those stated on our Website or mobile app.
- We may list prices as both inclusive and exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
- Unless otherwise specified, price of the Goods does not include the cost of delivering the Goods to you. The delivery costs (if any) will be quoted at the time you place your order for Goods (and are set out on our Website and mobile app). The entire cost of any other mode of transport or any special deliveries other than the standard delivery service we offer, will be borne by you, as will delivery to locations outside of the United Kingdom.
- No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
- In addition to the provisions of clauses 10.1 and 10.5 above the following clauses 10.7 to 10.8 shall apply to WS Goods only.
- Unless otherwise specified, the price is exclusive of delivery (and return) and installation. The cost of delivery to you (and any return) and carrying out of any Services and installation of the Goods will be wholly borne by you.
- We reserve the right by written notice to you before completion of the Contract to vary the price of the Goods to take into account increases in costs including (without limitation) the costs of any materials, carriage, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
Payment
- Payment of Goods and Services will be made in full to us without deductions or set-off in cash/credit or debit card/PayPal account (subject to PayPal’s terms and conditions)/ bank transfer when an order is placed.
- For orders made via our Website or mobile app, your credit/debit card or your PayPal account (as applicable) will be charged when we have processed your order.
- Payments by credit or debit card will only be accepted where the card holder is present in person at our premises or where the card in question has been verified on our Website or mobile app, subject to clause 20. We may also need to take additional security steps via the relevant card issuer.
FULFILMENT
Fulfilment
- If you have purchased Goods via our Website you will have the choice to have your order fulfilled by us using one of the options under this clause 13, or have your order delivered to you pursuant to clause 14.
- If we are unable to fulfil your purchase by your chosen method, we will advise you as soon as possible. We shall incur no liability for any failure to fulfill your purchase using your chosen method.
- We reserve the right to remove any of fulfilment option at any time, whether temporarily or permanently.
- Nothing in this clause affects your legal rights as a consumer.
Click & Collect
- If you choose our purchase online and collect instore or our reserve online and collect instore (“Click & Collect”) service, you will be asked to enter your postcode and given the opportunity to collect your order from the nearest branch or collection point, subject to availability and opening times. If your order is not in stock at your nearest branch or collection point, we will provide you with a collection date when your order is in stock.
- You may be required to pay for your order online. If, in our opinion, any customer engages in practices that abuse the fair use of the Click & Collect service, we reserve the right to cancel orders and/or restrict/block access to the Click & Collect systems for that person. Such practices may include (but are not limited to) a persistent failure to collect orders or placing multiple orders for Goods which are subject to a limited quantity per customer.
- We will hold your order in your selected branch for five (5) days or as may be stated on your original order. If you fail to collect your order in that time without notifying the branch from which you are collecting, we may cancel your order on the next day and any payment will be refunded to you in accordance with clause.
Delivery
- We may use a third-party carrier to deliver Goods. Our delivery options are available to view on our Website and the cost of our delivery options will be displayed on our website.
- The Goods are delivered to you when we make them available to you at a delivery point agreed by us. You are responsible for ensuring that somebody will be available to take delivery of the Goods.
- Time of delivery will not be of the essence and any delivery date provided by us is an estimate only. We will use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late, following which you will receive a full refund within 14 days of such cancelation. This clause sets out your only remedy for such delay.
- The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
- Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
- Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us (and where appropriate, to the carrier) within 7 days of their delivery. Provided that you return such Goods to us in accordance with clause 21, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods.
- Where you claim that any Goods have not been delivered to you by us, or our appointed carriers, where we claim to have delivered such Goods to you, or we claim to have left those Goods in a safe place or delivered the Goods to your neighbour, and/or our appointed carriers have obtained a signature for the delivery of the Goods (from any of the above (where applicable)), such claim must be notified by you to us within 7 days of the disputed delivery date. We shall then liaise with our appointed carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc.) or any third party. Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding. The provisions of this clause set out your sole remedy in such circumstances.
- We may at our discretion deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will impair the Contract in respect of the Goods previously delivered or undelivered Goods.
- If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery, then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the reasonable loss suffered.
- Notwithstanding clause 20.3, if you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without limiting any other right or remedy available to us, we may at our absolute discretion:
- Store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of the failed delivery and postage, storage, re-delivery and installation costs.
Unloading
- It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us otherwise in writing. We will inform you in advance if any special means will be required to unload the Goods at your premises.
Storage and Disposal
- If you fail to take delivery of the Goods when they are ready for delivery we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event the cost of storage will be borne by you.
- Where you are purchasing Goods from our Website or mobile app you must return your items to our local branch or to us at LKQ Group (UK) Limited, Q West (IH.2.28), 1110 Great West Road, Brentford, Middlesex, TW8 0GP. All returns are to be at your cost and are to be made within 14 days of purchase.
- Where Goods are purchased from one of our stores, you must return your order to that same store at your cost. All returns are to be made within 14 days of purchase.
Risk and Title
- Subject to the remainder of this clause 17, risk (responsibility) in the Goods passes when Goods are delivered to you, you collect the Goods from our store (using our Click & Collect fulfilment service) or the Goods are fitted to you vehicle (using our Fit It For Me fulfilment service), in each case as applicable.
- For the purpose of section 12 of the Sale of Goods Act 1979 we will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party will transfer only such title or rights as that party had and has transferred to us.
- Notwithstanding clause 17.2, title (ownership) in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you including any invoice outstanding from any of our Group of Companies to you (including interest and costs) has been paid in full.
- We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you, e.g. when you have failed to pay for the Goods.
Warranty
- Subject to clauses 18.1 and 19.8, each of the Goods (except oils and liquids (which shall include lubricants)) are supplied with the benefit of a warranty (details of which will be provided to you with the Goods or otherwise on request) (“Warranty“) provided that you comply with the conditions set out in clause 19.2 as well as any conditions provided with the Warranty (“Warranty Conditions“).
- Subject to clauses 19.8, 19.10, and 19.13, if the Goods become faulty during the period of the Warranty (“Warranty Period”) for reasons unconnected with your acts, omissions or misuse of the Goods, you must follow the steps set out in clause 19.2.1 to submit your warranty claim to us (“Warranty Process”) as soon as reasonably practicable. All warranty claim forms must be accompanied by the relevant ECP invoice(s) and, if you are also claiming for labour or additional costs, you must provide us with proof of purchase as appropriate for such additional costs claimed.
- To make a claim under our Warranty Process, you must:
- Ensure that the Goods qualify and comply with the Warranty Conditions;
- Complete our warranty claim form (available upon request) in full providing details of the fault and send this to us alongside the relevant ECP invoice(s). Claims for associated costs will be deemed invalid as associated cost are not covered by the warranty.
- Return the Goods to us. For the avoidance of doubt, the Goods, any supporting documentation referred to in clause 17.2.1.2 and the warranty claim form must be sent to us at the same time.
- To make a claim under our Warranty Process, you must:
- Upon receipt of the warranty claim form, Goods and all relevant supporting documentation, we shall, at our discretion and within reasonable time, assess the Goods or return them to the manufacturer for review and assessment as appropriate (“Assessment“).
- Subject to the outcome of the Assessment, we will (at our sole discretion) either:
- Replace or substitute such Goods on a like-for-like basis without charge;
- Provide a full refund; and/or
- You have no entitlement to make any additional claims in relation to Goods for which a warranty claim has been submitted. The Assessment is final, and we will not revisit a claim once an Assessment has been made.
- If Goods become faulty after expiry of the Warranty Period, we will not process the Warranty or be held liable for any refund, replacement or repairs that you request for such Goods.
- Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions without prejudice to your statutory rights.
- We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will promptly return any Goods (being the subject of any claim) and any packing materials, securely packed with carriage paid, to us for examination.
- We will have no liability to you with regard to any claim in respect of which you have not complied with the Warranty Conditions or clause 19.2.
- In the event that the outcome of the Assessment referred to in clause 19.3 is not in your favour, we will return the Good(s) to you if so requested, but will not provide any of the resolutions as set out in clause 19.4. The outcome of any Assessment under this clause 19 shall be final and binding and we shall have no further liability to you.
- The Warranty in this clause 19 is given by us subject to us having no liability in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of the Goods, incorrect selection of or fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval, or for Goods fitted to any vehicle that is modified contrary to the vehicle manufacturer’s specifications and/or (default) factory settings. All Goods must be fitted by someone who is competent and qualified using the correct tools and procedures and abiding by all relevant standards of safety.
- In certain instances, we may direct you to contact the Goods manufacturer directly to progress your warranty claim. Please note that the Goods manufacturer in such instances may require that you provide proof of purchase to validate your warranty claim.
Consumer Rights - Right to Cancel
A. This clause only applies if you are a Consumer AND purchasing Goods by mail order or from our Website or mobile app.
B. Where you purchase Goods in-store or use our click and collect facility, your purchase will take place in-store and this clause shall not apply.
- In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel a Contract (subject to clause 20.8 below) for any item bought on the Website within 14 days of delivery, provided the item is unwanted and is returned in its original, unopened, unused, and undamaged condition. This right does not apply to defective or faulty Goods, which are dealt with under our Warranty Policy (clause 19).
Refunds for cancelled orders will be made to your original payment method and will be issued minus the delivery cost, unless the cancellation is due to an error on the part of Engine Care Parts.
- To exercise the right to cancel, you can contact us using the details found on the Contact Us page on our Website to inform us of your decision to cancel your order by a clear statement (setting out your name, geographical address, order number and, where available, your telephone number and an e-mail address). 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.
- If you cancel a Contract under this clause 20, we will reimburse the amount paid for the Goods, minus the delivery cost, unless the cancellation is due to an error on the part of Engine Care Parts. If you chose a premium delivery option, only the standard delivery cost will be considered. Please take reasonable care of the Goods, as we reserve the right to deduct an amount from the refund to reflect any loss in value if the Goods are returned opened, used, damaged, or handled in a way that was unnecessary.
- We will process any refunds in accordance with clause 21.
- Where possible, we will make the refund using the same payment method you used for the initial transaction, unless you have expressly agreed to receive a credit note instead. You will not incur any fees as a result of the refund. Refunds will be processed minus delivery costs, unless the return is due to an error on the part of Engine Care Parts. We may withhold the refund until the Goods have been received by us.
- You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods.
- If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
- The right to cancel does not apply to the following kind of contracts:
- Contracts for the supply of Goods that are made to the Consumer’s specifications or are personalised;
- Contracts for the supply of Performance Goods as further detailed at clause 18;
- Contracts for the supply of Goods which are liable to deteriorate or expire rapidly;
- Contracts for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
Our Goodwill Guarantee
- You may cancel an order for goods within 14 days from the date of delivery. However, once the goods have been opened, used, or damaged, you cannot.
Refunds Policy
- If you are exercising your rights under clause 20, 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 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.
- Refunds will be issued to the original payment method or as store credit, minus the delivery cost. Opened, used, or damaged items are not eligible for a refund.
- When you return goods to us that are incorrectly supplied, incompatible, or misdescribed due to an error by Engine Care Parts, and are returned new, unused, and in their original packaging with all product documentation, these items shall be refunded, exchanged, or replaced. Engine Care Parts will provide a prepaid return label and cover the return shipping costs. Returns must be made within 14 days of delivery unless otherwise agreed with Engine Care Parts.
- If you are exercising your right to change your mind, and the products are goods, your refund will be processed within 14 days from the day we receive the goods back from you. For information about how to return goods, see clause 20.
- In all other cases, your refund will be processed without undue delay, and not later than:
- 14 days after you return the Goods to us and provide us with proof of purchase; or
- (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
- Confirm to us in writing that you no longer want the Goods and require a refund; or
- If no Goods were supplied, 14 days after the day on which we are informed of your decision to cancel the Contract.
- For any other reason (outside the terms of clause 20), we will examine the returned Goods and will notify you either in-store (if the Goods were bought from one of our branches and returned there) or in writing (including e-mail) within a reasonable time of the refund (if any) to which you are entitled. We will usually process any refund due to you as soon as possible thereafter. For a refund to be due, the returned Goods must be new, unused, and in the same condition in which you received them, with the original packaging and product documentation. Goods returned because they fail to comply with the Warranty will be dealt with in accordance with the Warranty Conditions and the provisions of clause 19.
- We will pay the costs of return:
- If the Goods are faulty (as per clause 19.2) or incorrectly supplied or misdescribed as per clause 21.3;
- On other occasions, in accordance with clause 20, at our sole discretion.
- We will refund any money due to you using the same method originally used to pay for your purchase. Please allow approximately 3–5 working days from the date the refund is processed by us for the funds to reach your account.
- Please note: We will not accept responsibility for loss or damage of Goods returned during transit.
- Any reference in these Terms to the refusal or return of Goods in their “original packaging” (or any similar phrase) means that the Goods must be returned in the same condition as received, inside the original packaging, with all accompanying documentation, and must not have been used in any way. Any mark, smell (including but not limited to fuel, toxins, or rubber) will invalidate the return, and where applicable, sealed clear packaging must not have been removed. This includes electrical items supplied in sealed clear packaging.
Exchange Unit Surcharges
- Where service exchange units are purchased, a surcharge will be invoiced in respect of the old unit you may return. If the old unit is returned within 7 days of delivery, a credit note will be issued, provided that the old unit is identical to the purchased unit and, in our sole discretion, is in a condition that enables it to be re-manufactured.
Limitation of Liability
Important, please read carefully
- Subject to these Terms, the following set out our entire financial liability (including acts or omissions of our employees, agents, and sub-contractors) to you in respect of:
- Any breach of these Terms; and
- Any representation, statement, or tortious act or omission (including negligence) arising under or in connection with any Contract.
- All warranties, conditions, and other terms implied by statute or common law (except those implied by section 12 of the Sale of Goods Act 1979 and the Consumer Rights Act 2015) are, to the fullest extent permitted by law, excluded.
- Nothing in these Terms excludes or limits our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter where it would be illegal to exclude liability.
- Subject to clause 23.3, we will not be liable to you for:
- Any indirect, consequential, special, or punitive loss (including third-party losses, vehicle recovery/replacement/hire, or diagnostic times);
- Loss of profit;
- Loss of business;
- Loss of income or revenue;
- Loss, corruption, or damage to data;
- Waste of management or office time; or
- Depletion of goodwill.
- Without prejudice to clause 23.3, our total liability under or in connection with these Terms will not exceed the price paid for the Goods in a single Contract for any one event or series of connected events.
- We shall have no liability for incorrect Goods purchased online for foreign-registered cars once the cancellation period in clause 20 lapses.
Termination and Suspension
- We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make payment when due or otherwise default in your obligations under these Terms, any Contract, or any other agreement with us.
- On termination of any Contract for any reason:
- We will not be obliged to supply any Goods or Services unless already paid for;
- All payments under all Contracts will become due immediately, despite any other provision; and
- You will indemnify us against all costs, losses, or damages (including court, legal, or professional costs) incurred directly or indirectly.
- Termination of any Contract will not affect the respective rights and liabilities of each party accrued prior to termination, nor provisions that are expressly or impliedly intended to remain in force after termination.
- Subject to these Terms, orders accepted by us are cancellable only at our discretion, and we may charge for all work carried out or expenses incurred before acceptance of cancellation.
Notices
- Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, by facsimile transmission (the latter confirmed by post), by email (evidence confirming the same by post) or by any other means which any party specifies by notice to the other.
- Each party's address for the service of notice will be:
- Us - the address specified in clause 1.2 or such other address email address as we specify by notice to you; and
- You – the address and email address given to us at the time an order is placed with us.
- A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted if via email once it has been transmitted.
- This clause shall not apply to the service of legal proceedings which must be served by post to our registered office address.
Data Protection
Our Privacy Notice and Cookie Policy explains what personal information and personal data we collect about you, how that personal information/data is used, what your rights are, how we use, protect and disclose your information, legal basis for processing your information, information relating to cookies and data retention when you use the Website and mobile app. You can view both our Privacy Notice and our Cookie Policy. Please note that when you agree to these Terms it shall be deemed that you have read and understood our Privacy Notice and Cookie Policy in their entirety.