19 October 2016
TVC Parts Limited is a company registered in Northern Ireland, no. NI 064740, with its registered address at TVC Parts Limited, 3 Mallusk Rd, Newtownabbey, BT36 4PP. VAT registration no. GB232 1125 65
In this document references to “we”, “us” and “our” relate to TVC Parts Limited and references to “you”, “you” and “your” relate to the Customer.
Any acceptance by us of an order by you is subject to the following conditions. If your order form contains printed conditions such conditions are accepted only in so far as they are not inconsistent with our terms and conditions as set out below. We accept an order by you on the earliest of our written acknowledgement of your order or our delivery of goods to you.
Whilst we endeavour to adhere to our published prices we reserve the right to amend them to those ruling at the date of dispatch. All prices exclude VAT unless otherwise stated. VAT will be charged at the current U.K. rate.
(a) Any application lists, catalogues, descriptions, information or advice provided by us in respect of goods is as accurate as possible although is for illustrative purposes only. In all instances it is your responsibility to assure yourself that the parts supplied are suitable for the application involved.
(b) Goods supplied will conform in all material respects to their description or to any sample or specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the goods.
We cannot be held responsible for any infringement of patent or copyright on the part of our suppliers or customers in the event of parts being supplied to their design.
Unless otherwise stated deliveries of orders will be made at no charge.
Whilst we use our best endeavours to fulfil orders made by you, we will not be liable for any failure in the performance of any of our obligations to you caused by factors outside our control including (without limitation) strikes, lockouts, shipping delays, fire, war, etc. In such an event you will have no claim against us for any loss or damage which may result.
Payment is to be made on delivery, unless prior arrangements have been made to open an account authorised by a Director of the company in writing. We reserve the right to charge daily interest on overdue accounts at the rate of 5% a year above the Bank of England base rate from time to time in force and interest will apply from the due date for payment until actual payment in full, whether before or after judgement, plus any legal or other costs incurred in the collection of such outstanding debts.
(a) Goods are delivered to you and at your risk at the earliest of when we physically deliver them to you or make them available to you for collection at a location agreed by us.
(b) Time of delivery will not be of the essence and any delivery date is an estimate only. You will have the right to cancel any order without liability to us if delivery has not taken place more than 30 days late after the time specified by us.
(c) Unless you are a Consumer, any claim that any goods have been delivered damaged or do not materially comply with their description must 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 within a further 14 days after notification, 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. The provisions of this clause 8(d) set out your sole remedy in such circumstances.
(d) Any claim that goods have not been delivered to you by us must be notified by you to us within 7 days of their expected delivery.
(e) If you fail to take delivery of any goods 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 loss suffered. It is your responsibility to provide the means for unloading goods from our vehicles on delivery.
(f) Notwithstanding delivery, title in the goods shall remain ours until we have received payment of the full price of (i) all goods the subject of this contract and (ii) all goods supplied by us to you under any other contract whatsoever.
(g) You shall nevertheless be entitled to deal with goods in which we retain title in the ordinary course of business provided that: (i) any such sale will be a sale of our property on your behalf; (ii) you shall first dispose of the goods that you have paid for and any payments received by us from you shall first be appropriated to goods disposed of by you; (iii) until property in the goods passes to you, you shall hold the goods as bailee for us and shall store the goods in such a way that they are readily identifiable as our property; and (iv) you shall also maintain the goods in satisfactory condition and keep them insured on our behalf.
(h) In the event of an Insolvency Event (as defined herein): (i) all sums payable by you to us under this or any other contract shall become immediately due and payable; (ii) you shall cease to be entitled to sell, use in manufacture or otherwise deal with any goods; (iii) we shall be entitled to recover and resell any goods that we retain title in (without prejudice to our right to damages) and for that purpose you hereby irrevocably grant us our servants or agents the right to enter your premises for the purpose of removing the goods; and, (iv) we shall be entitled to stop all further deliveries of goods to you under this or any other contract.
(i) For the purposes of this clause 8, an Insolvency Event occurs if:
(i) you (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or,
(ii) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under this contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 103 of the Insolvency (Northern Ireland) Order 1989 or you cease to trade; or (iii) you encumber or in any way charge any goods to which we retain title; or (iv) anything analogous to the foregoing occurs in any jurisdiction.
(a) All products are supplied and guaranteed by the manufacturer in accordance with manufacturer’s specifications. Any item which is proved and admitted by the manufacturer to be defective during the relevant warranty period due to material or structural defect will be replaced free of charge or credited in full at our discretion. Under no circumstances will we accept liability for consequential loss or damage or pay for any repairs or alterations without prior authorisation. In the event of a guarantee claim, notification must be both verbal and written immediately a fault is discovered. You must provide full particulars to enable us to verify the claim. Wherever possible parts are to be returned to us accompanied by the appropriate paperwork, carriage paid, for inspection by us or manufacturer.
(b) Goods sold by us to Consumers must be of satisfactory quality and fit for purpose as required by consumer law.
(c) We shall have no liability to you in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of goods, incorrect fitting or ordering of goods or failing to follow the manufacturer’s instructions.
Complaints and queries: We always try to offer a first-class level of service. If you are not happy with any aspect of our service or if you have any queries or comments then please let us know. You can contact us by e-mailing email@example.com or in writing to TVC Parts Limited, 3 Mallusk Rd, Newtownabbey, BT36 4PPT.
(a) With the exception of electrical goods (which are non-returnable), returns are accepted within two working days of delivery if you change your mind or are not happy with your item for any reason provided that the goods are returned in a resalable condition, clean, undamaged and with the original packaging clean and intact and together with a copy of the delivery note or invoice as proof of purchase.
(b) All credits for returned goods can only be done on return of the original goods to us and will be via your original payment method.
(c) In all cases where an item is to be returned, it will be at your cost unless previously agreed with us. Return postage costs will only be refunded if the return has been made necessary because of an error by us. If you receive an incorrect product from us, please notify us as soon as possible. We will endeavour to replace any incorrect item as fast as possible.
(d) We will not accept responsibility for loss or damage of goods during return transit; please ensure that appropriate insurance cover is selected where possible.
(e) In all cases, refunds can only be issued once we receive the unwanted or faulty goods back. If you wish to return any item then you must return the goods to the branch from which the purchase was made or send the goods to the following address: TVC Parts Limited, 3 Mallusk Rd, Newtownabbey, BT36 4PP
(f) If you are a Consumer and faulty goods have been supplied by us to you, you may ask for a repair or replacement or seek a refund within 30 days of delivery of the faulty goods. You must return the goods to the branch from which you purchased them at your own cost. In this clause 11(f) goods are not considered faulty if the defect was brought to your attention before the sale, if you examined the goods before purchase and the defect was obvious, if you chose the goods for a purposes for which the goods were not suitable and/or where the faults appear as a result of fair wear and tear.
(g) If you are not a Consumer and faulty goods have been supplied by us to you, you may ask for a repair or replacement or seek a refund within 5 days of delivery of the faulty goods. You must return the goods to the branch from which you purchased them at your own cost. In this clause 11(g) goods are not considered faulty if the defect was brought to your attention before the sale, if you examined the goods before purchase and the defect was obvious, if you chose the goods for a purposes for which the goods were not suitable and/or where the faults appear as a result of fair wear and tear
Clause 12 only applies if you are a Consumer AND purchasing goods at a distance i.e. by telephone or by mail order.
(a) You may cancel a contract at any time within 14 days, beginning on the day after you receive the goods (the ‘Cooling-Off Period’). If you want to cancel the contract within this Cooling-Off Period a refund (or, if you require and we facilitate, an exchange or replacement) will be provided.
(b) To cancel an order under this contract, you must: (i) inform us in writing (you may wish to use the Model Cancellation Form which appears at the end of this document); (ii) return the goods to us in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging; and (iv) provide proof of purchase in the form of our invoice for the original supply of such goods.
(c) Nothing in this clause affects your statutory rights.
INTRODUCTION TVC Parts takes the safeguarding of personal data very seriously. This policy describes how TVC Parts meets its obligations under the General Data Protection Regulation in relation to the processing of personal data.
Personal data protection principles We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be: (a) Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency). (b) Collected only for specified, explicit and legitimate purposes (Purpose Limitation). (c) Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation). (d) Accurate and where necessary kept up to date (Accuracy). (e) Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation). (f) Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality). (g) Not transferred to another country without appropriate safeguards being in place (Transfer Limitation). (h) Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests). We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
12.3 Training and audit
We are required to ensure all TVC Parts Personnel have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.
You must undergo all mandatory data privacy related training and ensure your team undergo similar mandatory training.
You must regularly review all the systems and processes under your control to ensure they comply with this Data Protection Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.
12.4 Privacy By Design and Data Protection Impact Assessment (DPIA)
We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.
You must assess what Privacy by Design measures can be implemented on all programs/systems/processes that Process Personal Data by taking into account the following:
(a) the state of the art;
(b) the cost of implementation;
(c) the nature, scope, context and purposes of Processing; and
(d) The risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.
Data controllers must also conduct DPIAs in respect to high risk Processing.
You should conduct a DPIA (and discuss your findings with the DPCO) when implementing major system or business change programs involving the Processing of Personal Data including: (e) use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes); (f) Automated Processing including profiling and ADM; (g) large scale Processing of Sensitive Data; and (h) Large scale, systematic monitoring of a publicly accessible area. A DPIA must include: (i) a description of the Processing, its purposes and the Data Controller’s legitimate interests if appropriate; (j) an assessment of the necessity and proportionality of the Processing in relation to its purpose; (k) an assessment of the risk to individuals; and (l) The risk mitigation measures in place and demonstration of compliance.
12.5 Automated Processing (including profiling) and Automated Decision-Making Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless: (a) a Data Subject has Explicitly Consented; (b) the Processing is authorised by law; or (c) The Processing is necessary for the performance of or entering into a contract. If certain types of Sensitive Data are being processed, then grounds (b) or (c) will not be allowed but such Sensitive Data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention. If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects must be informed when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject’s rights and freedoms and legitimate interests. We must also inform the Data Subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the Data Subject the right to request human intervention, express their point of view or challenge the decision. A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.
12.6 Sharing Personal Data
Generally we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
You may only share the Personal Data we hold with another employee or agent if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.
You may only share the Personal Data we hold with third parties, such as our service providers if:
(a) they have a need to know the information for the purposes of providing the contracted services;
(b) sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject’s Consent has been obtained;
(c) the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
(d) the transfer complies with any applicable cross border transfer restrictions; and
(e) A fully executed written contract that contains GDPR approved third party clauses has been obtained.
We reserve the right to change this Data Protection Policy at any time without notice to you so please check back regularly to obtain the latest copy of this Policy. We last revised this Data Protection Policy on 01/05/2018.
(a) 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 arising out of or in any way related to the contract.
(b) Unless you are a Consumer, 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 this Contract.
(c) Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or for fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
(d) Subject to clause 14(c), 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, waste of management or office time or depletion of goodwill.
(e) Subject to clause 14(c), our total liability to you under or connected with this contract will not exceed 125% (one hundred and twenty five per cent) of the price payable for the goods for any one event or series of connected events.
(a) These terms are incorporated into the contract between us at the exclusion of all other terms and conditions and supersede all prior dealings between us in relation to the subject matter of the contract.
(b) No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
(c) In these terms and conditions references to “Consumer” and “Consumers” are interpreted as referring to an individual or individuals who is not purchasing from us for the purpose of a business or trade.
(d) In these terms and conditions references to “Group Company” means any holding company of TVC Parts Limited or any subsidiary company of TVC Parts Limited or of any such holding company and the expressions “holding company” and “subsidiary company” shall be construed as defined in section 1159 of the Companies Act 2006.
(d) This Contract will be governed by the law of Northern Ireland and any dispute arising out of or in any way connected to it shall be subject to the exclusive jurisdiction of the Courts of Northern Ireland.