BUSINESS TERMS AND CONDITIONS
The following Terms and Conditions (T&C’s) along with the respective documents referred to underline the Consumer (you) contract for Goods and Services provided by Masumin Motor Spares Ltd (the Company/MMS/we/us). These T&C’s apply to all points of sale including, but not exclusively, website and shopfront. This is a binding contract from the point of ordering Goods or Services. Please read the terms carefully before making any purchases.
About Us
We are registered in England and Wales and have our registered office and main trading address at 6 Bilton Road, Bletchley, Milton Keynes, MK1 1HW.
Our company number is 07601453 and our VAT registration is 112 5988 11
Consumer Status
By placing an order with us, you warrant that:
- you are legally capable of entering into binding contracts
- you are at least 18 years old
- you are a Consumer (not a business, trade, profession or acting in the capacity of a director, sole trader or partner)
- the information you provide to us during the process of placing an order for Goods and/or
Services is accurate, complete and not misleading.
Contractual Obligations
These terms and conditions apply to all sales of Goods and/or Services provided by us to you.
The Contract will be binding from the moment we notify you the Goods and/or Services have been dispatched by sending you an email/text notification.
If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order, delivery of the Goods or performance of the Services.
Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.
These terms will be incorporated in the 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
All brochures, specifications, drawings, catalogues shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them and the images of the Goods on the website or otherwise are for illustrative purposes only. Technical specifications are approximations unless specifically stated otherwise.
We reserve the right to deliver Goods of a modified design 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 any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification if it does not adversely affect the performance of the Goods and Services.
We cannot guarantee that the appearance and/or colours of Goods (including without limitation paint) shown on the website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves. Natural products may show some colour variations against your vehicle colour (whereby such colour may have been distorted due to weather conditions). MMS agrees to provide a specifically mixed paint product, you agree to check the accuracy and suitability of such product and use in accordance with any manufacturer’s guidance and instructions provided.
All Goods supplied by us are subject to availability. We reserve the right in the event that; we cannot supply you with the Goods that you have ordered, to supply you with substitute goods of equivalent or matching quality.
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.
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.
Cancellation Rights
In accordance with the Consumer Contracts Regulations 2013 you have the right to cancel the Contract (subject to Exclusions Criteria, see below) for any item bought on the website for a full refund within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you have acquired. This condition will also be applicable in the instance a third party has received the goods or where a courier has indicated the goods have been received and are in physical possession.
To exercise the right to cancel, you can contact us to inform your decision to cancel your order stating giving the relevant information. You can visit the Contact Us page for information on how to get in touch.
If you cancel the Contract, we will reimburse to you all payments received from you, excluding the costs of delivery. Goods must be in the exact condition as initially received and must be in a state where the value has not been depreciated. We are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you.
You may also cancel an order for Services within 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
Nothing in this clause affects your statutory rights.
Reimbursement
We will make the reimbursement to you without undue delay and within 14 days after we have received the Goods back or within 14 days of notifying us you have cancelled the Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back.
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.
Exclusions Criteria
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 clearly personalised.
- 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.
- Contracts for the supply of a newspaper, periodical or magazine except for subscription contracts for the supply of such publications.
- Contracts for the supply of Goods which are deemed to be ‘Electrical Goods’ which have been opened from a sealed bag, or the warranty seal has been broken, unless there is a fault in which case, we will follow the Warranty procedures for the respective manufacturer.
Promotions
Where we offer incentives or promotions, they can only be redeemed exclusively at our website. They may not be used in conjunction with any other vouchers, offers or promotions. A promotion code cannot be exchanged for cash and cannot be refundable.
Promotion codes cannot be used by an employee of Masumin Motor Spares Ltd or any other associated Companies.
Promotional codes can only be used within the date range specified. Where no period is satisfied, it will only be valid for the for no longer than five days from launch.
Quotations
All quotations are valid for 28 days from the date of publication.
Prices
Prices for Goods and Services will be as advertised. We reserve the right to change our prices without any notice. We will honour the price at the point of order with you, unless there has been an error in pricing of the Goods or Services, in which case we reserve the right to cancel the order and allow you to re-order the Goods or Services at the correct price. You have the right to demand a full refund.
Prices may vary from the website to in-store.
Payment
Payment of Goods and Services will be made in full to us without deductions or set-off in cash/guaranteed cheque/credit or debit card when an order is placed.
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.
Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or installation), if you fail to pay the invoice price by the due date to us or to any of our Group of Companies we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and reimburse to us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
If you only make a part payment towards any invoice or for any debts owed to us or our Group of Companies then we are required to allocate your payment in equal proportions to the amounts outstanding and you cannot choose how the payment is allocated. We may at our sole discretion apply the money that you have paid against invoices raised or debts due to us in the order in which they occurred (being against the oldest debt first).
All cheques provided to us by customers who do not hold a credit account with us are approved for acceptance by our appointed agents. In the event of a cheque not clearing by our bank and being represented or returned to the drawer, our appointed agents shall contact you and will charge a fee of a minimum of £75 for each cheque so returned to cover bank charges and administration costs. Our agents may apply additional charges and/or vary their charges from time to time and any charges applied will have to be paid by you. For all cheques provided to us by customers with credit accounts, which when cashed by us, are not cleared by our bank and are being represented or returned to the drawer, we shall charge £25 for each cheque so returned to cover our bank and administration charges. To avoid the charges, we advise that you have the enough and cleared funds in your account when making any payment to us.
Delivery
The Goods are delivered to you when we make them available to you at a delivery point agreed by us.
You have legal rights if we deliver any of the Goods ordered late. If we miss the delivery deadline for any Goods, then you may treat the Contract as at an end straight away if any of the following apply:
- we have refused to deliver the Goods;
- delivery within the delivery deadline was essential (considering all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to treat the Contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
If you do choose to treat the Contract as at an end for late delivery under clause 10.2, you can cancel your order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01908 366 899 or email us at sales@masumin.co.uk to arrange collection.
Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries.
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, 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.
Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you, or left the 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 their expected delivery. We shall then liaise with our 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 10.9 set out your sole remedy in such circumstances.
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.
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.
Title and Risk
Risk in the Goods passes when they are delivered to you.
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 the above clause, passing of title 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 our Group of Companies to you (including interest and costs) has been paid in full.
Warranty
If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods or are qualifying Goods, the following two options may be applicable to you:
notify us in writing and/or by completing a warranty claim form (including a description of the fault) and return such Goods to us. Such Goods shall be returned to the manufacturer for review and testing. Based on the manufacturers’ opinion, we will repair, (or at our sole option) replace such Goods with the same or superior Goods, without charge or not provide any of the aforementioned. The manufacturer’s opinion shall be final, and binding and we shall have no further liability to you. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement; or
certain Goods qualify for our ‘No Quibble’ exchange policy (details of which Goods qualify can be found in-store). Should the Goods you purchased qualify and comply with our Warranty Conditions, they can be exchanged for an immediate replacement of the same Goods purchased (for the avoidance of doubt, no other goods can be exchanged for the Goods purchased and only a like for like exchange will be accepted) and we shall waive our right to have the Goods previously purchased by you and returned for exchange, to be tested. You must note that should you opt for the No Quibble exchange, we will return the Goods purchased to the manufacturer and/or have them destroyed, and you will have no rights to make any further claims (such as those listed within clause 21.4) in relation to the Goods returned. You will need to complete a warranty claims form (which will be provided in-store) confirming your acceptance to our ‘No Quibble’ exchange policy.
We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so, requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed, and carriage paid to us for examination.
We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.
The warranty 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 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.
Refunds Policy
If you are exercising your right to change your mind with regards to purchased Goods or Services;
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before, we can inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
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 or free but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then;
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us.
In all other cases, your refund will be made within;
14 days of date of purchase of the Goods and proof of purchase is supplied; and
“Special Order” means any Goods that are not held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request. Payment in full is required for such Special Orders at the time the Special Order is placed with us. Special Orders that are manufactured specifically as per your request are non-refundable except at our sole discretion. In such instance only, we reserve the right to apply a restocking fee of 25% of the price of the Special Order, which shall be deducted from any refund due to you.”
We will normally refund any money received from you using the same method originally used by you to pay for your purchase.
Where service exchange units are purchased, you will be invoiced with a sum referred to as a “surcharge” which is in respect of the old unit that you may return to us. If the old unit is returned within 7 days from the delivery date a credit note will be issued by us in respect of the “surcharge” provided that the old unit is identical to the unit purchased and in a condition in our sole discretion that enables it to be re-manufactured.
Limitation of Liability
Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the 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 the Contract.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.
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 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We will not be liable to you for:
- any indirect or consequential, special or punitive loss, damage, costs or expenses;
- loss of profit;
- loss of business;
- loss of income or revenue;
- loss or corruption of or damage to data;
- waste of management or office time; or
- depletion of goodwill.
TERMINATION
We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under the Contract or any other agreement with us.
we will not be obliged to supply any Goods and Services ordered by you unless already paid for; and
all payments payable to us under the Contract will become due immediately upon termination of this Contract despite any other provision.
The termination of this Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.
Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
FORCE MAJEURE
We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control.
If you have any questions or complaints about any Goods or Services supplied by us, please contact us. You can call us on at +44 1908 366 899 or write to us at sales@masumin.co.uk
GDPR
We are committed to ensuring that your personal data is protected by adhering to the principles of the EU General Data Protection Regulation (GDPR). This Privacy Policy explains how we use any personally identifiable information you give us through our website, hard copy forms electronically or via our staff.
It will advise you of what information we may ask from you and how we store that data securely. It also explains what we ask you to do to help us keep your data accurate, relevant and up to date.
When we ask you for personal information, we will:
Explain clearly and transparently why we need this personal data.
Secure it safely, protecting it from any unlawful access.
We will only share it with any 3rd parties where we have your consent.
We will never pass your data over to any 3rd parties for marketing purposes.
We will only use the data we take from you for the purpose we took it for.
We will only take the data that is relevant, adequate and limited to what Motor Parts Direct Ltd need for the purpose of any agreement.
We will not keep your data any longer than is necessary.
We ask you to:
Make sure the information you supply us is accurate.
Inform us, as soon as possible, if this information changes i.e. your contact details or address.
Disclosing your information
We collect data from you to comply with legal requirements and to undertake the performance of the contract agreed. We will only pass this personal information on if we have a legal obligation to do so.
You can find out about the information we hold on you, correct any errors, and find out any 3rd parties we have shared your information with by contacting us on sales@masumin.co.uk. You may request a copy of the information held by the company and a charge of £10 will be made to cover our costs.
VEHICLE DIAGNOSIS AND WORKSHOP POLICY
The company will charge to diagnose a fault as time and equipment will be used by our mechanics to determine the fault. This charge is non-refundable regardless of the outcome. Unfortunately, due to the complexity in engineering of the vehicle and the fault in question, the company cannot guarantee accurate diagnosis even where high tech equipment is used. In the rare event where diagnosis is not accurate and does not resolve the fault, the company will not be liable for any further costs nor will a refund of labour, parts and diagnostic charge be accepted.
If a customer produces a diagnosis report from a third party, the company can produce an estimate and repair the vehicle according to the report; however, the company will not be liable for the inaccuracy of the report. The company will also not take any responsibility or liability should the fault not be resolved.
Likewise, if a customer insists, they know what the fault may be, or prefer not to have diagnostics prior to any work done, the customer will take full responsibility and liability should the fault not be resolved.
Bookings, Orders & Payments
Appointments booked for our services including MOT testing may be rescheduled to an alternative date and time, allowing for such alternative date and time available. The customer has the right to cancel an order or appointment at any time by providing sufficient notice. Special orders will not be subject to the refund and returns policy.
If the car service cannot be done within 1 day due to circumstances beyond the company’s control, an advisor will contact the customer and inform them accordingly – this may sometimes be due to parts not being delivered or the work required may take longer to complete due to unforeseen circumstances.
Orders received, for goods and/or services, from any driver employed by the customer or by any person who is reasonable believed to be acting as the customer’s agent or by the order of any person to whom the company is entitled to make delivery of the vehicle shall be binding upon the customer.
Where in any case a driver who, so far as the company is aware has the authority to collect the vehicle, collect the same, the company shall not be responsible to the customer for any loss of damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the company’s account. It shall not be obligatory upon the company to seek confirmation of the authority of any person reasonable believed to be then or to have been at some time, connected with the customer.
Every attempt will be made to provide the goods and/or services by the estimated time, but the company shall not be liable for any delay in completing the goods and/or services. Time shall not be of the essence in respect of this clause.
When ordering a product, or making for a service or MOT, a payment must be received in advance of parts being fitted.
The company may refuse to carry out all or part of any work for any reason whether an estimate has been provided.
The company may demand a deposit before commencing any work. The customer shall co-operate with the company in all matters relating to the services.
Estimates are valid for 28 days from the date given. If instructions are not received from a customer (in response to an estimate rendered) within 28 days, the company may invoice for reasonable storage charges from the date the vehicle was received until its collection. (Note: the company does not, as a rule make any such charge for garage pending instructions if the repairs are ultimately carried out by the company and duly paid for).
We do our utmost to present an accurate pricing and information; however, it may be possible, despite our best efforts, that a price or product/service information may be incorrect. Therefore, we may, at our discretion contact you to verify an order and for you to confirm or cancel it.
Unless otherwise stated, the price of fitting is included in your order confirmation. If during any work carried out there arises unforeseen additional work, a company sales representative will contact you to confirm you agree of the work and payment for any such additional parts/service will be requested to confirm the acceptance for the company to proceed with additional work to be carried out. Written notice will be requested either via email or text for confirmation.
Once the work is complete, payment will be taken straight after either by debit or credit card, or cash. The car will then be released to the customer.
Replacement of parts; it is often the case that parts are purchased from suppliers which carry a surcharge if the old part is not sent back in exchange. Our prices are given on estimates and invoices take this into account and the price you pay includes the old parts being sent back in exchange accordingly.
If you feel that a part which has been fitted by the company is faulty, we will offer you a replacement to purchase and the suspect faulty item will be returned to the manufacturer for the purpose of checking the item for defects. If it is found to be faulty, we shall refund you in full for the cost of the replacement part. No refund will be made if no fault is found. If the part was fitted by us, additional labour may be charged if we are asked to remove the part which was consequently found non-faulty.
The company shall have a general lien on all of the customer’s vehicles and all their contents for all monies owing to the company by the customer on any account whatsoever. The company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien.
If the customer’s indebtedness to the company is not satisfied within three months from the date of the first invoice to the customer (or three months past the agreed credit terms if an account is held), the company may without notice sell any vehicle owned by the customer and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the customer to the company, and any balance shall be paid by the company to the customer on demand.
If a vehicle is not collected within 48 hours of completion of repair, the company will charge storage costs of £20 per day. The day count will begin from 48 hours after the completion until the day of collection.
The customer shall be liable to pay to the company on demand, all reasonable costs, charges or losses sustained or incurred by the company arising directly or indirectly from the customer’s fraud, negligence or failure to perform or delay in the performance of any of its obligations under the terms and conditions.
The company is not responsible for loss or damage to vehicles or other property whatsoever or however occasioned except when such loss or damage is caused by the sole negligence or deliberate act of the company or its employees. Under no circumstance will the company accept liability for loss or damage outside its control for any indirect loss, consequential loss, and loss of profits, loss of business, loss of use or any special loss.
Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it on the company’s premises. The company will not be responsible for any loss or damage of any items left by the customer that are not connected to the vehicle. The company will not take any responsibility for any damage or losses suffered by the customer from the storage of its vehicle within the premises.
Car Wash
The company uses an independent third party to wash customers’ vehicles. Where offered, customers have the right to refuse the offer and must let a member of staff know prior to agreement of transaction. The company will not be liable to any damage to the vehicle or loss of property that may be caused by the wash. The company advises all customers to remove valuables from the car beforehand.
