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Terms and Conditions

Terms and Conditions of Business.

 

  1. Introduction
    • By placing an order with AirRide Sales Limited, you accept and are bound by the terms of this agreement. Further, any quotes or offers for services or goods are done under the understanding these terms will apply to that agreement, and proceeding with any or all services or offers for goods will constitute an order with AirRide Sales Ltd.
    • For the purposes of this document, the terms “the Company”, “us”, “we”, “AirRide Sales” or “the Seller” refer to AirRide Sales Limited of The Works, The Triangle, Suffield, Norwich, NR11 7EQ, registration number 10942876, VAT number GB305150550, telephone number 0800 7720315, email enquiries@airride.uk.
    • For the purposes of this document, the terms “you”, “the Client”, “the Customer” or “the Buyer” refers to the other party in the contract, whom will normally be named on an invoice, quote or estimate, and constitutes the customer.
    • For the purposes of this document, the term “the Goods” refers to the articles the Buyer agrees to buy from the Seller.
    • None of these terms and conditions may be varied in any way without the consent of the company in writing and the signature of a director. Failure to object to any modification made by the Buyer shall not constitute acceptance of such alteration by the company.
    • The Buyer is entering into a legally-binding agreement with AirRide Sales for the goods or services listed on the invoice, quoted or as discussed.
    • The ability of third parties to enforce any rights under the Contract (Rights of Third Parties) Act 1999 is hereby excluded.
  2. Privacy policy
    • Any information given to the Seller is to be used only for the purposes of providing quotes, fulfilling orders or providing ongoing technical assistance or customer support; hence forth referred to as “the Purposes”. Any data retained by the Company will only be done to facilitate the Purposes.
    • Any data retained by the Seller will only be done to facilitate the Purposes.
    • Data collected by the Seller may be shared with third parties only if required in order to fulfil the above Purposes and will never be sold or rented to third parties or shared for the purpose of marketing.
    • Data will be stored about clients for as long as is needed to provide the Purposes or for as long as the law requires us to.
    • Stored data is subject to English law and data will be shared if required by law.
  3. Complaints policy
    • The Seller will investigate all complaints and communicate a determination to the Buyer in due course subject to the following:
      • Complaints which are frivolous, vexatious or otherwise not genuine will not be investigated.
      • Complaints should be sent to office@airride.co.uk or to the registered company address in writing. They should outline as much information as possible including the nature of the complaint, dates, times, staff members dealt with and any other information relevant to the particular complaint.
  4. General terms and conditions
    • All descriptions of the products and services offered by the Seller, including those in their catalogues, website, press releases, press coverage or otherwise communicated to the customer are approximate only and shall not form part of the contract between the Seller and the Buyer. The Seller may correct any errors in its promotional material or website without liability to the Buyer. The advertising of products and services in the Seller’s catalogue or website merely constitutes an invitation by the Seller for the customer to make an offer to purchase products and services. Any images provided by the Seller are for illustrative purposes only, the actual product you receive may differ from the images seen. Products are regularly updated, improved or otherwise have specifications altered.
    • All orders are subject to acceptance and to availability of goods ordered. The Seller reserves the right to decline to trade with any company or person. In addition, the Seller may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Buyer by telephone, mail or electronic mail within a reasonable period of time from receipt of the order by the Seller.
    • All orders for goods shall be deemed to be an offer by the Buyer to purchase goods from the Seller pursuant to these conditions. Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these conditions.
    • Unless otherwise agreed, payment for the whole price of the goods must be received by the Seller before an order can be accepted. Payment of the price for the Goods represents an offer on the Buyer’s part to purchase the Goods, which will be accepted by the Seller when they place the order. At this point, a legally-binding contract is created between the Seller and the Buyer.
    • Where receipt of full-payment price is waived, a deposit price will instead be required. The deposit price will be agreed between the Seller and the Buyer, and will need to be received by the Seller in order to constitute an offer by the Buyer. Payment of the deposit will be offset against the cost of the total price of the order but payment of the deposit in no way varies the total cost.
  5. Availability and ordering of bespoke goods
    • All orders are subject to acceptance and availability. If the Goods the Buyer has ordered are not available from stock, the Seller will order the pre-requisite kit from their supplier at the earliest available opportunity.
    • For orders for the AirRide Custom range, which are generally made-to-order rather than held in stock, the Buyer will be advised of estimated lead time for the order. This lead time is an estimate made in good faith and represents a best effort attempt at providing an accurate estimate. Orders must be custom-made and require the bringing together of parts from various suppliers, and are often subject to reliance on third parties outside the control of the Seller. It is therefore an express term of the contract that time is not the essence of the contract.
  6. Ordering errors
    • The Buyer is able to correct errors on their order up to the point when their order is dispatched, unless the order contains parts made-to-order or specially-ordered from international sellers. Where an order contains made-to-order parts, no changes can be accepted after the initial fabrication work has begun without additional charge. Where an order contains imported goods, no changes can be accepted after dispatch by our supplier without additional charge.
    • For commonly-confused kits, the Seller may at its discretion contact the Buyer to confirm details about the vehicle to ensure the kit ordered is correct. In the event an alternative kit is required, the difference in price will be due before dispatch of the order.
      • The Seller is not obliged to confirm the vehicle details and it is the responsibility of the Buyer to ensure they have correctly identified the required parts.
  1. Price
    • The prices advertised on the website and quoted on invoices are the total price paid (VAT inclusive) except where carriage is due.
    • VAT is listed at the current rate, and prices are subject to change if there are any changes in the VAT scheme, rates or categories.
    • Carriage is quoted at time of order but charged at time of dispatch. International orders specifically can be affected by changes in the carriage rates. If they change, an additional invoice/credit will be raised by the company and items not shipped until carriage has been paid.
    • The Seller reserves the right to modify the price from time to time.
    • Quotations provide an accurate representation of price and are valid for 30 days. These may be withdrawn if subject to radical fluctuations in exchange rate.
  2. Delivery
    • For orders within central mainland UK (excluding the Highlands of Scotland), delivery charges will be charged at one of three standard prices, which can be found on airride.co.uk. Where special requirements are added to the delivery details for an order or where bespoke arrangements are to be made, the Seller reserves the right to charge a surcharge on these orders.
    • For orders to the rest of the world (including the Highlands of Scotland), delivery will be based on the price for carriage plus a fee for packaging.
      • The Buyer can organise their own carrier but a packing charge will still apply.
    • The Seller will deliver the Goods to the address the Buyer specifies for delivery of their order. The Buyer must ensure that there is someone on site to accept the delivery and inspect the goods. The Buyer is liable for any charges accrued from failed delivery and subsequent re-delivery attempts. The Buyer is liable for all charges for returning goods.
    • Where the Buyer provides specific delivery instructions or instructions other than delivery to the provided delivery address, the Seller is authorised to provide those instructions on behalf of the Buyer to the delivery company. The Seller cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with the Buyer’s delivery instructions. The Seller will aim to provide an estimated date for delivery and will take all reasonable steps to provide full tracking information to the Buyer. As delivery is undertaken by an outside company over which the Seller has no control, the Seller cannot be held as guaranteeing delivery and merely provides its best estimates.
  3. Acceptance of goods
    • The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
    • The Buyer will become the owner of the Goods they have ordered when they have been delivered to them. Once the Goods have been delivered according to the Buyer’s instructions, the Goods will be held at the Buyer’s risk and the Seller will not be liable for loss, destruction or any other form of damage.
    • Where the Buyer has accepted, or has been deemed to have accepted, the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
  4. Risk and ownership
    • Risk and ownership will pass at the point of delivery in accordance with the Buyer’s instructions. Where the Buyer chooses to use its own courier, risk is passed at the moment the goods are handed to the courier.
    • Notwithstanding the earlier passing of risk, Title in the goods shall remain with the Seller and shall not pass to the Buyer until the account is settled in full.
    • Until Title passes, the Seller shall hold the goods as bailee for the Buyer and shall store or mark them so that they can at all times be identified.
    • The Seller, at any time before Title in the Goods passes to the Buyer and without any liability to the Buyer;
      • Can repossess and dismantle and use or sell all or any of the Goods, and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and;
        • For that purpose (or determining what, if any, Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
      • The Seller may maintain an action for the price of any goods notwithstanding that Title in them has not passed to the Buyer.
      • For any goods not delivered to the Buyer or left by the Buyer at the premises of the Seller with the permission of the Seller:
        • The Seller may make a charge to the Buyer for the storage of the Goods; AirRide Sales Limited is not in the business of storage of vehicles or vehicle parts and as such will charge based on loss of profits and space rather than on a competitive rate for storage.
        • It is the responsibility of the Buyer to arrange delivery or collection within six months of the date of purchase of the Goods. If no communication is made to the Seller after this time, the Goods will revert to being owned by the Seller with no refund to the Buyer.
  1. Warranty and use
    • Most products have a warranty issued by the Seller. The duration of the warranty varies by product and is advised on the website. It is an express condition of the warranty that products are installed by a competent individual.
    • The Seller warranties that the parts are free from manufacturing defects and will replace free of charge any parts that are defective subject to the following:
      • Certain uses or activities are excluded absolutely from the warranty. These include but are not limited to the following: motorsport use, mis-use of any kind, mis-fitting, over-inflation of the bags, under-inflation of the bags, welding or grinding in close proximity to the bags, over-tightening of the fittings, using bolts which are too long and damage the bags, exceeding the specified load or over-extension of the product, and contact of any form with the air bag.
      • Warranty claims are subject to inspection. Parts must be removed and returned to the Seller for inspection. The Buyer should be aware that:
        • Parts subject to warranty claim may at the discretion of the Seller be returned to the Seller’s supplier or manufacturer, who may have better inspection and testing equipment for a determination of likely previous treatment of the products by the Buyer or the installer, where different.
        • The Seller may ask for reasonable additional information from the Buyer including but not limited to photographs of parts installed, pressures used, or other information regarding who installed the products and how. Failure to provide reasonably requested supporting information may prejudice a claim. It is in the Buyer’s interest to provide as much information as possible in these circumstances.
        • Final determination will be communicated to the buyer.
      • Replacement parts may on occasion need to be purchased by the Buyer on a temporary basis until determination of any warranty claim. If approved, then a full refund will be issued for the replacement warranty-claimed parts by the Seller. If rejected, then no refund will be issued.
      • No liability for consequential costs of removing and refitting parts.
    • The Buyer or end-user of the product must inform their insurance company of all modifications made to road-going or commercially-used vehicles. Failure to do so may invalidate their insurance. The Seller accepts no liability for invalidated or cancelled insurance policies, or alterations to terms or conditions in insurance policies, caused by fitting the Seller’s products or failure to disclose the fitment. Some parts are for show and competition use only.
    • The Seller’s parts are legal for use in the UK. The Seller has no knowledge of transport and vehicle laws in other jurisdictions and accepts no liability for the failure of the Buyer or end-user to comply with local laws. All non-UK sales are intended for non-road use.
  2. Litigation
    • If the Buyer instigates or states that he/she is going to instigate legal action, or if the Seller litigates in relation to any issue, then all work on customers’ orders will stop with immediate effect and will not restart until all issues have been resolved. If the Buyer does not subsequently litigate then all costs incurred will be invoiced to the Buyer and will have to be paid prior to release of the vehicle. Under these circumstances, contact by phone and email will be suspended in preference for contact in writing, to avoid confusion and misunderstandings.
    • In the event of a card chargeback by the Buyer or his card issuer then ownership of the Goods will revert with immediate effect to the Seller. Goods must be returned or be made immediately available for return. Failure from the Buyer to make parts available or make alternative arrangements for payment will result in legal and additional action to recover Goods belonging to the Seller under this section. Buyers should be aware that false chargebacks can constitute criminal offences under both the Theft Act and the Fraud Act. The Seller reserves the right to recover any and all costs involved in recovering its Goods or the funds.
    • This contract is subject to the law of England and all issues relating to this contract will be resolved in an English court. The Buyer expressly submits to the jurisdiction of the English court system.
  3. Staff Treatment
    • Buyers and their representatives will at all times treat the Seller and the Seller’s staff with courtesy and respect. Any telephone call, email, social media-based or other communication which is persistent and without reason, aggressive, rude, threatening or otherwise includes any unlawful content will be terminated with immediate effect. Under these circumstances, the Buyer will lose the right to call the Seller and may have his/her number blocked. The Seller reserves the right to charge for all costs involved, including staff time.
    • Any abuse of staff or management by whatever means, including in person, by phone, and by other communication system will result in termination of the right of the Buyer to direct contact, as the company deems necessary under the circumstances. Since such behaviour usually constitutes a criminal offence it is reasonable and fair that the company may at its discretion charge for the costs of the distress caused by such abuse.
  4. Cancellation rights
    • Should the Buyer wish to cancel their order then they must notify the Seller in writing by any durable medium.
    • Stock items can be cancelled and returned within 15 days of purchase.
    • The Buyer cannot cancel their contract if what they have ordered contains made-to-order or imported items. The Buyer should note that most of the parts supplied by the Seller are made-to-order or imported parts. If the Buyer is a trade customer, the contract cannot be cancelled.
    • If the Buyer has received Goods before they have cancelled the contract then they must send the Goods back to the address provided by the Seller on cancellation of the order, in a saleable condition, at their own cost and risk. Damage to the Goods caused by the Buyer in whatever form will be deducted from any refund.
    • If the Buyer cancels the contract but the Seller has already processed the Goods for delivery, the Buyer should not unpack the Goods when they are received, and they must send back the Goods to an address provided by the Seller on cancellation of an order.
    • Where no right to a refund exists and the Seller exercises its discretion to accept such, then a handling or restocking charge may be deducted from any refund allowed by the Seller where it is established that the reason for the return of the Goods was not due to any error or fault on the part of the Seller.
    • The Buyer is responsible for the cost of packaging and courier services for all returns. It is strongly recommended that all services used by the Buyer are both insured and tracked. These are expensive goods and liability passes only when delivered. This means the Buyer is responsible for the Goods until received and signed for at the Seller’s address.
  5. Cancellation by us
    • The Seller reserves the right not to process an order if:
      • They have insufficient stock to deliver the Goods ordered and cannot order necessary stock in within a sensible time frame; or
      • They have no way of providing delivery to your area; or
      • There is an error with prices provided in a quote or via the website, by typographical error or an error in prices received by the Seller from their supplier.
    • If the Seller does not process an order for one of the above reasons, they will notify the Buyer by email or phone and will re-credit the Buyer’s account as soon as possible, but in any event within 14 days.

 

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