eazi-fit.com

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1. THE COMPANY

1.1 EAZI-FIT.COM Limited is a company registered in England with Company Registration Number 10893926 (the “Company”). The Registered Office address is 3, Manor Cottages, The Lee, Great Missenden, Bucks HP16 9NA. References to eazi-fit.com, “the Company”, “we”, “our” and “us” throughout the Terms and Conditions refer to this Company.

“Business Day” - means, any day other than Saturday or Sunday or bank holiday;
“Calendar Day” - means any day of the year;
“Contract” - means the contract for the purchase & sale of goods, as explained in Clause 3;
“Month” - means a calendar month;
“Order” - means your order for the goods, made via telephone and / or online;
“Order Confirmation” - means our acceptance and confirmation of your order as described in Clause 3;
“Price” - means the price payable for the goods.
“Goods” - means the Goods which are to be provided by us to you as specified in your order (and confirmed in our order confirmation);
“Special Price” - means a special offer price payable for the goods.

 

2. THE CONTRACT AND GOODS SPECIFICATIONS

2.1 These Terms and Conditions govern the sale of goods by us, via Telephone and / or online; and will form the basis of the contract between us and you. Before submitting your order, you should ensure that you have read these Terms and Conditions carefully.
2.2 Nothing provided by us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our discretion, accept.
2.3 A legally binding contract between us and you will be created upon our acceptance of your order, indicated by our order confirmation. Order confirmations will be provided by email.
2.4 We reserve the right to make any changes in the specification of the goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

 

3. ORDERS FOR GOODS

3.1 All orders made by you via telephone and / or online; will be subject to these Terms and Conditions.
3.2 If you change your mind, you may cancel your order at any time before we dispatch the goods by contacting us. Please refer to Clause 8 for details of your cancellation rights.
3.3 We may cancel your order at any time before we dispatch the goods in the following circumstances:
3.3.1 An event outside of our control continues for more than 28 days (please see Clause 12 for events outside of our control).
3.4 If we cancel your Order under sub-Clause 3.3 and you have already paid for the goods, the payment will be refunded to you within a maximum of 14 calendar days. If we cancel your order, you will be informed by email.

 

4. PRICE AND PAYMENT

4.1 The price of the goods will be that given by us and / or shown on our website at the time of your order.
4.2 If we offer a Special Price, the Special Price will be valid for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if we do not accept your order until after the period has expired.
4.3 Our prices may change at any time but these changes will not affect any orders that we have already accepted.

4.4 All prices VAT if applicable. If the rate of VAT changes between the date of your order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment from you.
4.5 Our prices include the cost of delivery. We will normally use Royal Mail Tracked and Signed 48hr. If this service is not available an alternative form of delivery will be used at our discretion:
4.6 All payments for goods must be made in advance before we can dispatch the goods to you.
4.7 We accept the following methods of payment:
4.7.1 Credit or Debit Card;
4.7.2 PayPal;
4.7.3 Cash.
4.8 You will be charged at the time of your order

4.9 If you do not make any payment to us by the date on which that payment is due, we may charge you interest on that sum at the rate of 4% per annum above the base lending rate of Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

 

5. GOODS

5.1 These Terms and Conditions will be binding between the company and you, the customer, upon booking your vehicle in for work with us. Where you, the customer, are a consumer, these Terms and Conditions do not affect your statutory rights.
5.2 We need certain information from you, which is necessary for us to provide the goods. Examples include the vehicle registration number, make, model, fuel type and engine capacity of your vehicle. If you have not provided this information prior to your purchase, or if the details are incorrect, we will not be liable for any delay or non-performance.
5.3 It is the customer’s responsibility to ensure the vehicle is in correct working order without underlying faults. We make no representations or warranties that the goods we supply will not cause damage to your vehicle, owing to, but not limited to, an underlying fault or poor servicing and you chose to proceed with our goods, you do so at your own risk. We accept no liability for any damage caused, directly or indirectly, to your vehicle, or any financial loss or expenses incurred by or imposed on or in connection with your use of our goods.
5.4 We make no representations or warranties that our goods will not expose or exacerbate a previously unknown fault or weakness with your vehicle, which may ultimately lead to an engine failure.
5.5 We make no representations or warranties that the use of our goods will not invalidate any manufacturer or third party warranty you may currently have in place.

 

6. IF THERE IS A PROBLEM WITH THE GOODS

6.1 In the unlikely event that there is any problem with the goods we have supplied:
6.1.1 contact us and tell us as soon as reasonably possible;
6.1.2 give us a reasonable opportunity to investigate and rectify any defect and replace the unit.
6.1.3 we will use every effort to fix the defect as soon as reasonably practicable and, in any event, within 30 days.
6.2 You will not have to pay for us to fix a problem with the goods under this clause where the problem is a result of the goods we have provided.
6.3 We will not accept liability for any work carried out by a third party in circumstances where you have not afforded us the opportunity to rectify any problem in accordance with clause 6.1.
6.4 As a consumer, you have certain legal rights with respect to the purchase of goods. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.

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7. OUR LIABILITY TO YOU

7.1 If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage to a vehicle (or its accessories or contents) that is a foreseeable result of our breach of the Terms and Conditions or as a result of our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. Loss or damage arising out of the circumstances in clause 5.4 is not a foreseeable event for the purposes of this clause.
7.2 We are not liable for any costs associated with recovering a vehicle that has broken down.
7.3 Where you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.4 Subject to clause 7.5, Our liability to you for any direct loss, damage, cost or expenses shall be limited to the price you have paid for the Goods.
7.5 We do not exclude or limit in any way our liability for:
7.5.1 Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
7.5.2 fraud or fraudulent misrepresentation;
7.5.3 breach of the terms implied by section 2 of the Supply of Goods and Goods Act 1982 (title and quiet possession);
7.5.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
7.5.5 defective Goods under the Consumer Protection Act 1987.

 

8 YOUR STATUTORY RIGHT TO CANCEL THE GOODS

8.1 As a consumer you have a statutory right to cancel your order with us up to 14 calendar days after the contract between you and us is formed. You may cancel your contract with us for any reason under this right. If you wish to cancel your order before receiving our order confirmation or if you wish to cancel the contract after receiving the order confirmation but before the goods are dispatched.
8.2 If you cancel after the goods are dispatched, you will be responsible for the return costs either postage or otherwise to us.

8.3 If the goods are bespoke (specially made) a 100% charge will be made for any cancellation regardless of notice period.

8.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve our services; however, you are under no obligation to provide any details if you do not wish to.
8.5 Refunds under this Clause 8 will be issued to you no later than 14 Calendar Days after the date on which you inform us or the goods are returned to us.
8.6 Refunds under this Clause 8 will be made using the same payment method you used when ordering the Goods [unless you specifically request that we make a refund using a different method].

 

9. GUARANTEE

9.1 We provide a lifetime guarantee “For the duration that you are the owner of the Vehicle”

9.2 We provide goods for domestic and private use (or purposes). We make no warranty or representation that the goods are fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

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10. INFORMATION ABOUT HOW TO CONTACT US

10.1 If you require to contact us:

(a) In writing, addressed to eazi-fit.com Limited, 117, The High Street, Chesham, Bucks HP5 1DE

(b) By email, addressed to info@eazi-fit.com
We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us.

 

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, General Data Protection Regulation 2016 and Our Privacy Policy.
11.2 We may use your personal information to:
11.2.1 Provide our goods to you;
11.2.2 Process your order (including payment) for the goods; and
11.2.3 Inform you of new goods available from us. You may request that we stop sending you this information at any time.

12. GENERAL

12.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions.
12.2 We may amend these Terms and Conditions periodically.
12.3 The Company shall have a general lien on all of your vehicle(s) and all of their contents for all monies owing to the Company by you on any account whatsoever.
12.4 We shall be entitled to reasonable storage charges if you do not pick you vehicle up within 30 days of delivering it to us.
12.5 We are 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 or agents. Under no circumstances will the Company accept liability for loss or damage outside its control for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
12.6 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.7 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.8 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce Our rights against you, or if we delay in doing so, that will not mean that we have waived Our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.9 Governing Law

These Terms and Conditions are governed by English law.
12.10 Force Majeure
Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing or failure to perform, any of its obligations under Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12.11 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
12.12 No Partnership
Nothing in these Terms and Conditions are intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
12.13 Waiver
A waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
12.14 Notices
12.14.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email to info@eazi-fit.com
12.14.2 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and
(b) if sent by pre-paid first-class post or other next working day delivery service, at [9.00 am] on the second Business Day after posting [or at the time recorded by the delivery service; and
(c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 12.14.2, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
12.14.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
12.15 Entire agreement.
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.
Nothing in this clause shall limit or exclude any liability for fraud.
12.16 Third parties rights.
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
12.17 Variation
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
12.18 Governing law
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
12.19 Complaints and Feedback
12.19.1 We always welcome feedback from our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
12.19.2 If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms and Conditions, the Contract, or the Goods, please contact us in one of the following ways:
(a) In writing, addressed to eazi-fit.com Limited, 117, The High Street, Chesham, Bucks HP5 1DE

(b) By email, addressed to info@eazi-fit.com
12.20. If your vehicle is purchased through a finance plan, such as Personal Contract

Purchase (PCP) or Hire Purchase (HP), that you are the ‘keeper’ and not the ‘owner’ of said vehicle. You are therefore contractually obliged to contact your lender and obtain written permission from them for any non-standard modifications.
12.20.1 You are Legally obligated to inform your vehicles Insurer of any modifications made to your vehicle as Insurers can, at their own discretion, revoke or void an insurance policy if they are not informed of said.