1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services and apply whether you are a business or a consumer.
1.2. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1. Who we are. We are Lohen Limited a company registered in England and Wales. Our company registration number is 05163677 and our registered office is at Unit 11 Raleigh Hall Industrial Estate, Eccleshall, Stafford, Staffordshire, ST21 6JL. Our registered VAT number is GB874 4106 21.
2.2. How to contact us. You can contact us by telephoning our customer service team at +44(0)1785 859999 or by writing to us at [email protected] or to our registered office address detailed in paragraph 2.1. above.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails but not fax.
3. Our contract with you
3.1. How to order. To place an order using the online store, click the “Shop” button on our website, select the products you would like to purchase and click the “Checkout” button. Alternatively, you may also order via telephone or email or in-store.
3.2. How we will accept your order. Our acceptance of your order will take place when we have confirmed to you that we have accepted it (in most cases by email), at which point a contract will come into existence between you and us.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.
4.2. Performance figures. These are either the manufacturers figures or are estimates based on testing, previous figures and experience. In some cases, the figures shown are results of a rolling road session. Even though the figures may be based on a rolling road figure, all figures should be considered as approximate guides. Whilst we take all reasonable steps to check the accuracy of the figures we do not guarantee them and will not be responsible if you rely on them.
4.3. Customer order. Goods that are ordered specifically for you are required to be paid in full at the time you place your Order with us and refunds will only be available if the goods are deemed to be faulty. Examples of a customer order include but are not limited to the following items: wheels, non-stocked items, non-stock Samco hose colours, custom cage colours, or any part non-stocked or goods that are altered.
5. Your rights to make changes
Once we have accepted your order you have no legal right to make changes, however, If you do wish to make a change to the product you have ordered please contact us and we will let you know if the change is possible.
6. Our rights to make changes
6.1. Minor changes to the products. We may change the product where the manufacturer has updated the product and such updated product is in all material respects similar in appearance and performance to the product originally ordered.
7. Providing the products
7.1. Delivery costs (UK only). The costs of delivery are based on the greater of weight (kgs) or volumetric weight, so you will only pay for the products you have ordered and the cost remains the same whether you order online, by email or over the phone and include VAT (where applicable) and will be delivered by Royal Mail or courier.
7.2. Ordering from outside of the UK. If you would like to order from abroad we have delivery services to cater for your needs as we regularly supply to international customers from around the world except Iraq, Iran and North Korea. If we are unable to accept your order we will advise.
7.3. When we will perform the contract. During the order process we will provide you with a time estimate of when we will provide the goods or services to you. (a) If we are supplying goods. If we are supplying goods we will arrange delivery to you as soon as reasonably possible and in accordance with clauses 7.1 and 7.2 above. (b) If we are providing services. We will begin the services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.
7.4. We are not responsible for delays outside our control. We will endeavor to provide goods or supply the services to you within the estimated timeframe we have stated in the order. We are not responsible for any delay whatsoever and time is not of the essence.
7.5. Collection by us. If we are providing services and your vehicle cannot be reasonably or safely driven to us by you, we can arrange a convenient time with you to come and collect it. We may charge a reasonable fee that will be included in your order.
7.6. Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am – 5.30pm on weekdays (excluding public holidays). You must be the customer named in the order and satisfactory proof of identity is required otherwise we may refuse to fulfil the order.
7.7. If you are not at the agreed and pre-arranged delivery address when the goods are delivered. If no one is available at the agreed address to take delivery of the goods please liaise with the delivery company initially as a signature will be required but contact us if you are having any problems.
7.8. If you do not re-arrange delivery. If the goods are returned to us after a failed delivery to you we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.9. When you become responsible for the goods. If you are a consumer, goods will be your responsibility from the time the product has been delivered to the address you gave us or you or a carrier organised by you collect it from us. If you are a business, Carriage Paid To shall apply to goods shipped for export or shall be ex-works when collected from us.
7.10. When you own goods. You own a product which is goods once we have received payment in full.
7.11. Your right to inspect the goods. Upon receiving goods from us you have a period of 14 days where you must inspect the goods before signing for “in perfect condition”. If you have signed for the goods “in perfect condition” but later discover that the goods are damaged, we cannot accept liability for damaged parts. Checking the condition of goods remains the customer’s responsibility.
8. Your rights to end the contract if you are a consumer
8.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you are a consumer and have just changed your mind about the product, see clause 8.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(c) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.5.
8.2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
8.3. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of: (a) services, once these have been completed, even if the cancellation period is still running; (b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and (c) any products which become mixed inseparably with other items after their delivery.
8.4. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have commenced 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.
(b) Have you bought goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods.
8.5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods (which may result in no refund at all), 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 are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.2. When your refund will be made. We will make any refunds due to you as soon as possible subject to receipt of goods and inspection by us to ensure that the goods are in good re-saleable condition. If you are a consumer exercising your right to change your mind then:
(a) 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 product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or (c) you do not, within a reasonable time, accept delivery of the products or collect them from us.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
11. Your rights in respect of defective products if you are a consumer
11.1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.
11.2. Your obligation to return rejected goods. If you wish to exercise your legal rights to reject products 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. Please call customer services or email us for a return label or to arrange collection.
12. Your rights in respect of defective products if you are a business
12.1. Any products which are goods that are defective as a result of the manufacturing process are subject to the manufacturer’s warranty for a limited time specified in the manufacturer’s terms and conditions. Such warranty does not apply if the goods have been fitted incorrectly or mis-used by you, motorsport use will void the manufacturer’s warranty. If this clause does not apply to the goods you have purchased, then clause 12.2. will apply.
12.2. If you are a business customer we warrant that on delivery any products which are goods shall: (a) conform with their description; (b) be free from material defects in design, material and workmanship; (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and (d) be fit for any purpose held out by us.
12.3. Subject to clause 12.4, if: (a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1; (b) we are given a reasonable opportunity of examining such product; and (c) you return such product to us at your cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.4. We will not be liable for a product's failure to comply with the warranty in clause 12.1 if: (a) you make any further use of such product after giving a notice in accordance with clause 12.3(a); (b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice; (c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer; (d) you alter or repair the product without our written consent; or (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.5. Except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
12.6. These terms shall apply to any repaired or replacement products supplied by us under clause 12.3.
13. Liability in respect of defective goods.
13.1. We will only accept liability for the specific part we have fitted if it has been deemed defective at the time of installation. Our liability does not extend to any parts that have been adversely affected by such faulty part.
14. Issues post service.
If following a service on your vehicle an issue arises please contact us so we may arrange a suitable time to inspect the vehicle and diagnose the issue. The costs of returning the vehicle to us will be borne by you. We will not pay or accept any liability for another individual or business to carry out the same service.
15. Price and payment
15.1. Where to find the price for the product. The price of the product (which includes VAT where applicable but excludes delivery) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
15.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
15.3. If you order from outside of the UK. Export restrictions do not apply on our products which are goods. However, import charges and taxes may apply for exporting products to some countries and whether you are a business or consumer you shall be liable to pay such costs. VAT may still apply.
15.4. When you must pay and how you must pay. We accept payment with Credit/Debit cards and PayPal. You may be eligible for a finance offer from our finance partner in respect of which we are authorised by the Financial Conduct Authority to facilitate. We also accept cash, cleared cheques and bank transfers. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products at the time of ordering. (b) For services, subject to clause 15.5 you must make an advance payment of 33% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice immediately upon presentation.
15.5. Workshop deposits. To secure a booking slot for your vehicle you must pay a minimum deposit as follows: (a) If the total order value including VAT exceeds or is equal to £250.00, a sum equal to 33% of the total order value will be required; or (b) If the total order value is less than £250 a minimum deposit of £60.00 will be required.
15.6. Workshop cancellation. To be entitled to a full refund of the Deposit, you must cancel you order no later than 48 hours in advance of the time set out in your Order.
15.7. If you cancel your Order less than 48 hours but more than or equal to 24 hours of the time set out you in your Order you will receive a part refund of your Deposit less £90.00.
15.8. If you cancel your Order less than 24 hours of the time set out in your Order: (a) you will be refunded your Deposit less £200.00 if the total value of your Order is equal to or in excess of £600.00; or (b) if the total value of your Order is equal to or in excess to £250.00 but less than £600.00 you will be refunded your deposit less £X ; or (c) if the total value of your Order is less than £250.00 you will not receive a refund for your Deposit.
15.9. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.10. If you pay late. If you do not make any payment to us by the due date, without affecting our rights:
(a) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount;
(b) we shall have a lien on all property that may be in our possession pending payment; and
(c) we are also entitled to charge a storage fee at the rate of £10 plus VAT accruing daily that will applied to all Orders where the vehicle is not collected after 4 days from notification of completion unless otherwise agreed in writing.
16. Our responsibility for loss or damage suffered by you if you are a consumer
16.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
16.3. We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
16.4. Disclaimer. Due to the nature of car and engine tuning we are not responsible for any damage caused to you or your car where such modifications, misuse, racing and/or incorrect fitting of products are carried out by you. For the avoidance of doubt, this includes engine control unit tuning that is also known as “Re-Mapping”.
17. Our responsibility for loss or damage suffered by you if you are a business
17.1. Nothing in these terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) defective products under the Consumer Protection Act 1987; or (e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.2. Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
17.3. Subject to clause 15.1: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
18. How we may use your personal information
19. Other important terms
19.1. Copyright. All written material, product descriptions, Supplier product photos and the Supplier logo are the property of the Supplier may not be copied or used by the customer in any way. Use of any Supplier property without prior written permission from the Supplier will result in legal action.
19.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
19.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
19.7. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms 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. You irrevocably agree 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 this Agreement or its subject matter or formation.