By placing an order for Products, you (“Customer”) accept and agree to these terms and
conditions. A binding contract will only be formed upon Apex Spares Ltd. giving notice of its
formal acceptance of an order.
- 1.1 We are Apex Spares Ltd and our e-commerce website (www.apexspares.com (our Site) specialises in the sale of aftermarket and original performance vehicle parts and accompanying products (the Products).
- 1.2 These are the terms and conditions (the Terms) on which we supply the Products
listed on our Site to you.
- 2.1 Please read these Terms carefully before you submit your order to us. These
Terms tell you who we are, how we will provide Products to you, how you and we
may change or end the Contract, what to do if there is a problem and other important
information. If you think that there is a mistake in these Terms, please contact us to
discuss.
- 2.2 You may only buy Products from our Site for personal use and not for any
commercial, business or resale purposes.
- 2.3 By ordering Products from our Site you agree to be bound by these Terms and that
they form the basis of the Contract between you and us for the supply of the Products
- 2.4 We draw your particular attention to our Privacy Notice, and the following
Clauses of these Terms:
- 2.5.1 Clause 6 (Changes);
- 2.5.2 Clause 7 (Price and Payment;
- 2.5.3 Clause 9 (Delivery of products);
- 2.5.4 Clause 10 (Your right to change your mind and end the Contract);
- 2.5.5 Clause 13 (Our rights to end the Contract);
- 2.5.6 Clause 16 (our responsibility for loss or damage suffered by you).
- 2.5 In these Terms:
- 2.6.1 we, us, or our means Apex Spares Ltd, a company registered in England
and Wales. Our company registration number is 14089326 and our registered
office is at 13 Neptune Business Centre, Tewksbury Road, Cheltenham, GL51
9FB;
- 2.6.2 you or your means the person whose details are set out in the order to be
submitted to our Site.
- 3.1 You can contact us by emailing us at info@apexspares.com or writing to us at
Apex Spares Ltd, 13 Neptune Business Centre, Tewksbury Road, Cheltenham, GL51
9FB.
- 3.2 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.
- 4.1 Please check your order carefully and correct any errors before completing the
checkout process and placing your order (your Order).
- 4.2 You may place an Order with our Site as a guest user, or you can create an
individual account (Customer Account).
- 4.3 When you place your Order, we will acknowledge it by email. This
acknowledgement does not however mean that your Order has been accepted.
- 4.4 If we are unable to accept all or part of your Order we will
- 4.4.1 contact you to say that we are unable to accept your Order in whole or
part: and
- 4.4.2 not charge you for:
- (a) the Products that we are unable to accept your Order for (where we
are unable to accept part of your Order); or
- (b) any of the Products in your Order (where we are unable to accept
your entire Order);
- 4.4.3 and where a charge has been taken, we will refund the relevant amount
taken from your payment method in respect of the Products we are unable to
accept your Order for
- 4.5 We may be unable to accept your Order for the following reasons:
- 4.5.1 the Product is out of stock, because of unexpected limits on our
resources which we could not reasonably plan for;
- 4.5.2 a credit reference we have obtained for you does not meet our minimum
requirements;
- 4.5.3 your chosen Payment Method is unable to authorise your payment to us;
- 4.5.4 we have identified an error in the price or description of the Product; or
- 4.5.5 we are unable to meet a delivery deadline (if any) you have specified.
- 4.6 Subject to Clause 4.7, our acceptance of your Order will take place when we email
you to confirm:
- 4.6.1 what Products we are supplying; and
- 4.6.2 that we accept your Order and the Products have been dispatched;
- (Good shipped from our warehouse), at which point a contract will come into
existence between you and us for the supply of the Products set out in our Order
Despatch Confirmation (Contract). If you think any information in our Order
Despatch Confirmation is wrong, please contact us promptly to let us know.
- 4.7 In certain circumstances, the Products within your Order may be delivered by one
of our third party suppliers before you receive our Order Despatch Confirmation. In
these instances, the contract between you and us for the supply of the Products set out
in our Order Despatch Confirmation shall come into existence upon delivery of such
Products to you.
- 4.8 Your order number. We will assign an order number to the Contract and tell you
what is in our Order Despatch Confirmation. It will help us if you can tell us the order
number whenever you contact us about your Order.
- 4.9 Our Site is solely for the promotion of our products in the UK and rest of
the world. To enquire with us about placing an order from outside of the UK,
please contact us by emailing us at info@apexspares.com or writing to us at
Apex Spares Ltd, 13 Neptune Business Centre, Tewksbury Road, Cheltenham,
GL51 9FB;
- We have sole discretion as to whether to accept any order accepted outside of the
UK.
- 4.10 We reserve the right to only accept orders from people who are over the age of
18.
- 5.1 Products may vary from the pictures on our Site - The images of the Products on
our Site 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 Products may vary
slightly from those images.
- 5.2 Product packaging may vary from that shown in images on our Site.
- 5.3 Where possible, we sell Apex Spares own branded Products with a warranty. The
details of any warranty provided by us will be set out on the relevant Product’s
description on our Site, or on the Product’s packaging. Any Products which are not
Apex Spares own brand may come with a manufacturer’s warranty and further
information on any such manufacture
- 6.1 Your rights to make changes to your Order - If you wish to make a change to the
Products you have ordered please contact us. We will let you know if the change is
possible. If it is possible, we will let you know about any changes to the price of the
Products, the timing of supply or anything else which would be necessary as a result
of your requested change and ask you to confirm whether you wish to go ahead with
the change. If we cannot make the change or the consequences of making the change
are unacceptable to you, you may want to end the Contract (see Clause 9 - Your rights
to end the Contract).
- 6.2 Our rights to make changes – We may change Products:
- 6.2.1 to reflect changes in relevant laws and regulatory requirements; and/or
- 6.2.2 to implement minor technical adjustments and improvements. These
changes will not affect your use of the Product.
- 7.1 Where to find the price for the Product - The price of a Product 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. However please see
Clause 7.3 for what happens if we discover an error in the price of a Product you have
ordered.
- 7.2 If the rate of VAT changes between the date of your Order and the date we take
payment for the Product, we will adjust the rate of VAT that you pay to account for
such changes.
- 7.3 Incorrect pricing - It is always possible that, despite our best efforts, some of the
Products we sell may be incorrectly priced. We will normally check prices before
accepting your Order so that, where the Product's correct price at your Order date is
less than our stated price at your Order date, we will charge the lower amount. If the
Product's correct price at your Order date is higher than the price stated to you, we
will contact you for your instructions before we accept your Order. If we accept and
process your Order where a pricing error is obvious and unmistakeable and could
reasonably have been recognised by you as a mispricing, we may end the Contract,
refund you any sums you have paid and require the return of any Products provided to
you.
- 7.4 We accept payment by most major credit or debit cards, Stripe (your Payment
Method).
- 7.5 Unless your chosen Payment Method collects payment from you immediately
upon placing your Order, you must pay for the Products before we dispatch them and
in such circumstances we will not charge your chosen Payment Method until we
dispatch the Product to you.
- 7.6 We may charge interest if you are late in paying for Products - If you do not make
any payment to us by the due date we may charge interest to you on the overdue
amount at the rate of 8% a year above the base lending rate of the Bank of England
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.
- 7.7 If you think an invoice is wrong please contact us promptly to let us know. You
will not have to pay any interest until the dispute is resolved. Once the dispute is
resolved we will charge you interest on correctly invoiced sums from the original due
date
- 8.1 We operate a rewards points system allowing you to earn points (Rewards Points)
with us as you shop (the Rewards Scheme). The Rewards Scheme is available to
customers of our Site who are at least 18 years old and have registered a Customer
Account with us.
- 8.2 You can earn Rewards Points when you purchase qualifying Products on our Site.
You will earn one Reward Point for every £1 sterling that is spent on qualifying
purchases of Products on our Site
- 8.3 Rewards Points will:
- 8.3.1 not be issued if the Products you are purchasing are subject to any
special offers, promotions and/or discounts;
- 8.3.2 be automatically added to your Customer Account when we issue our
Order Despatch Confirmation for a qualifying Product, although it can take up
to 5 working days for them to appear within your Customer Account and you
may need to wait for your Rewards Points balance to update before you are
able to spend them.
- 8.4 You can check the balance of your Rewards Points at any time by logging in to
your Customer Account.
- 8.5 Rewards Points can be used in whole or part towards the payment of the cost of a
qualifying Product on our Site, however they may not be exchanged for cash.
- 8.6 To spend Rewards Points on our Site, you must log in to your Customer Account
before selecting the Products you wish to purchase. When you enter your payment
details, select how many Rewards Points you wish to redeem from the options
available.
- 8.7 The current redemption value of Rewards Points is 1 point = 1 penny. We reserve
the right to vary the redemption rate of the Rewards Points at any time without notice
to you, however we may let you know in reasonable time of such change by emailing
you at the email address you have given to us.
- 8.8 Rewards Points are for your personal use only and may not be shared with or
transferred to another Customer Account.
- 8.9 If, after you have earned Reward Points on a Product, you later require a refund in
accordance with Clause 11, the Reward Points you earned in respect of the refunded
Product will be deducted from your account when the Products have been received by
us and your payment has been refunded.
- 8.10 All Reward Points will expire 2 years from the date they were awarded to your
Customer Account, following which such unused and expired Reward Points will be
automatically deducted from the balance of your Rewards Points at the relevant time
and you will no longer be able to access or use them.
- 9.1 The costs of delivery will be as displayed to you on our Site and will depend on
the method of delivery you have chosen.
- 9.2 We will deliver or facilitate the delivery of the Products to you as soon as
reasonably possible and in any event within 60 days after the day on which we
provide our Order Despatch Confirmation.
- 9.3 If our supply of the Products is delayed by an event outside our control then we
will contact you as soon as possible to let you know and we will take steps to
minimise the effect of the delay. Provided we do this we will not be liable for delays
caused by the event, but if there is a risk of substantial delay you may contact us to
end the Contract and receive a refund for any Products you have paid for but not
received.
- 9.4 If no one is available at your address to take delivery of the Products redelivery
attempts will be made until an authorised person is present to receive the
consignment. Due to ongoing security risks we are unable to leave parcels unattended,
with a neighbour or at local collection depots.
- 9.5 If you do not collect the Products from us as arranged or if, after a failed delivery
to you, you do not re-arrange delivery or collect them from a delivery depot 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 13.2 will
apply.
- 9.6 Ending the Contract for late delivery - If you do choose to treat the Contract as at
an end for late delivery under Clause 9.6 or Clause 9.7, you can cancel your order for
any of the Products or reject Products that have been delivered. If you wish, you can
reject or cancel the order for some of those Products (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 Products and their delivery. If the Products have
been delivered to you, you must either post them back to us.
- 9.7 Your responsibility for the products - The Products will be your responsibility
from the time we deliver them to the address you gave us for delivery.
- 9.8 When you own the products - You will own the Products once we have received
payment in full.
- 9.9 Disputes for delivery issues with a driver, signature disputes, damaged or missing
consignments must be submitted in writing to Apex Spares and if required, to a 3rd
party courier. If a delivery appears successful but an issue with your order still
remains, a declaration must be submitted (once received) in writing. Instructions will
be provided on the form.
- 9.10 All deliveries must be checked upon receipt for accuracy of fulfilment, defects or
other issues potentially experienced throughout transit. We allow 48 hours for
notification of any defects following delivery, after this time has elapsed the return
period remains at 14 days, but the product is considered your responsibility as per
clause 9.7 and any damage will be treated as such while in your care.
- 10.1 Your rights to end the Contract will depend on whether there is anything wrong
with the Products, how we are performing the Contract and when you decide to end
the Contract.
- 10.2 Your right to change your mind (Consumer Contracts Regulations 2013) - You
have 14 days after the day you (or someone you nominate) receive the Products set
out in our Order Despatch Confirmation to change your mind, unless:
- 10.2.1 the Products are split into several deliveries over different days. In this case
you have until 14 days after the day you (or someone you nominate) receive the last
delivery of the products set out in our Order Despatch Confirmation to change your
mind about the Products; or
- 10.2.2 the Products are for regular delivery over a set period. In this case you have
until 14 days after the day you (or someone you nominate) receive the first delivery of
the Products.
- 10.3 You may end the Contract for the following reasons:
- 10.3.1 we have told you about an upcoming change to the Product or these
terms which you do not agree to;
- 10.3.2 we have told you about an error in the price or description of the
Product you have ordered and you do not wish to proceed;
- 10.3.3 there is a risk that supply of the Products may be significantly delayed
because of events outside our control;
- 10.3.4 we have suspended supply of the Products for technical reasons, or
notify you we are going to suspend them for technical reasons, in each case for
a period of more than 30 days; or
- 10.3.5 you have a legal right to end the Contract because of something we
have done wrong.
- 10.4 You may end the Contract for one of the reasons under Clause 10.3 by emailing
us at info@apexspares.com with your order number and delivery address.
- 10.5 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 do not have a right to change your
mind (see Clause 10.1), you can still end the Contract before it is completed, but you
may have to pay us compensation. The Contract is completed when the Product or
Products to be supplied under that Contract are delivered and paid for. If you want to
end a Contract before it is completed where we are not at fault and you are outside the
time limits in which you have the right to change your 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 you ending the Contract.
- 11.1 If you end the Contract for any reason after Products have been dispatched to
you or you have received them, you must return them to us at Unit 13 Neptune
Business Centre, Tewksbury Road, Cheltenham, GL51 9FB. If you are exercising
your right to change your mind you must send off the Products within 14 days of
telling us you wish to end the Contract.
- 11.2 We will pay the costs of return if:
- 11.2.1 the Products are faulty or misdescribed*; or
- 11.2.2 if you are ending the Contract because we have told you of an
upcoming change to the Product or these terms, an error in pricing or
description, a delay in delivery due to events outside our control or because
you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to
change your mind) you must pay the costs of return.
- 11.3 What we charge for collection - If you are responsible for the costs of return and
we are collecting the Product from you, we will charge you the direct cost to us of
collection.
- 11.4 We do not provide a free return service. The postage cost remains the
responsibility of the customer.
- 11.5 How we will refund you - We will refund you the price you paid for the Products
excluding delivery costs, by your Payment Method and if you used more than one
Payment Method, by the same proportion of each Payment Method you used for
payment. For the avoidance of doubt, any purchases made (in whole or part) with
Rewards Points will be refunded by Reward Points equalling the total number of
Reward Points used by you for such purchase. However, we may make deductions
from the price, as described below.
- 11.6 Defining the term *misdescribed, this term references item properties & specifics
and does not include vehicle compatibility or modification use cases.
- 12.1 At Apex Spares, we pride ourselves on our customer service. If you have a
concern or experience an issue with our Products, please utilise our help & support
resources online or contact us as we are happy to discuss the options available to you
and how best to resolve your concern.
- 12.2 Whilst we take every opportunity to resolve your concerns, Apex Spares
specialise in performance vehicle parts which means Products may not always be
suitable or safe for resale. If you damage, alter, or use a Product before discussing
return options with us and seeking advice from us, you may not be entitled to a refund
of the price you have paid for such Products.
- 12.3 If you are exercising your right to change your mind:
- 12.3.1 we may reduce the amount of any refund (excluding delivery costs) to
reflect any reduction in the value of the Products, if this has been caused by
your handling, use or alteration of the Products in any way;
- 12.3.2 if you notify us that you are exercising your right to change your mind
but upon our inspection of the Product it is apparent you have continued to use
the Products, we may reduce your refund of the price to reflect any reduction
of value in the Product. If you notify Apex Spares of any issues or concerns
you may have regarding a Product, you must stop using the Product
immediately and allow us to inspect the Product and discuss the issue with you
further. If you continue to use a Product after notifying us of an issue or
concern regarding such Product, and cause damage to the Product, we reserve
the right to reduce the amount of any refund provided to you to reflect the
reduction in value of the Product.
- 12.3.3 if, upon our inspection of the Product, it is apparent the Product cannot
be resold or refunded from our suppliers due to your handling, use or
alteration of the Product (including your handling, use or alteration of the
packaging), you may not receive a refund to reflect the reduction or loss of
value in the Product;
- 12.3.4 if we refund you the price paid for a Product before we are able to
inspect the Product and later discover you have handled them in an
unacceptable way, you must pay us such appropriate amount as we determine,
upon our request;
- 12.3.5 individual items bought as part of a package Product cannot be
individually refunded;
- 12.3.6 Software Products which are no longer in their original, sealed
packaging cannot be refunded;
- 12.3.7 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 but you choose to have the
Product delivered within 24 hours at a higher cost, then we will only refund
what you would have paid for the cheaper delivery option;
- 12.3.8 you may not be entitled to a refund on any custom made, bespoke or
personalised Products purchased from us. If you ask us to change the colour,
add a design or make any modification to a Product, then the Product shall be
deemed a custom made and personalised Product created solely for you. Apex Spares alert you at the time of placing your Order that as the Products are
custom made or personalised you shall not be entitled to a refund.
- 12.4 We will make any refunds due to you as soon as possible. If you are exercising
your right to change your mind, then:
- 12.4.1 if we have not offered to collect the Products, your refund will be made
within 14 days from the day on which we receive the Product back from you.
- 12.4.2 in all other cases, your refund will be made within 14 days of your
telling us you have changed your mind
13.1 We may end the Contract for a Product at any time by writing to you if:
- o 13.1.1 you do not make any payment to us when it is due, and you still do not
make payment within 14 days of us reminding you that payment is due;
- 13.1.2 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
- 13.1.3 you do not, within a reasonable time, allow us to deliver the Products to
you.
- 13.1.4 raise a dispute or escalated payment claim through the original gateway
in which the payment was received (this includes but is not limited too,
refunds, warranty claims, repairs, 3rd party services and replacement
products/components).
13.2 If we end the Contract in the situations set out in Clause 13.1 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 net costs we will incur as a
result of your breaking the Contract
- 14.1 We may have to suspend the supply of a Product:
- 14.1.1 to deal with technical problems or make minor technical changes;
- 14.1.2 to update the Product to reflect changes in relevant laws and regulatory
requirements;
- 14.1.3 to make changes to the Product as requested by you or notified by us to
you (see Clause 6.2);
- 14.1.4 in the event that you do not pay us for the Products when you are
supposed and you still do not make payment within 14 days of us reminding
you that payment is due, we may suspend supply of the Products until you
have paid us the outstanding amounts. We will contact you to tell you we are
suspending supply of the Products. We will not suspend the Products where
you dispute the unpaid invoice. We will not charge you for the Products
during the period for which they are suspended. As well as suspending the
Products we can also charge you interest on your overdue payments
- 14.2 We may withdraw the product - We may write to you to let you know that we are
going to stop providing the Product. We will let you know at least 7 days in advance
of our stopping the supply of the Product and will refund any sums you have paid in
advance for Products which will not be provided.
- 15.1 We are under a legal duty to supply Products that are in conformity with the
Contract.
- 15.2 If you have any questions or complaints about the Product, please contact us
- 15.3 If you wish to exercise your legal rights to reject Products you must post them
back to us.
- 16.1 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:
- 16.2.1 death or personal injury caused by our negligence or the negligence of
our employees, agents or subcontractors;
- 16.2.2 fraud or fraudulent misrepresentation;
- 16.2.3 breach of your legal rights in relation to the products including the right
to receive products which are: as described (excluding vehicle compatibility)
and match descriptive 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.
- 16.3 We only supply the Products for domestic and private use. If you use the
Products for any commercial, business or re-sale purpose we will have no liability to
you for any loss of profit, loss of business, business interruption, or loss of business
opportunity. Any such commercial, business or re-sale usage is strictly prohibited.
- 16.4 We only supply the Products for off-road and private usage unless stated in the
Product’s descriptive materials. Where modifying a vehicle may deem it un-road
worthy we accept no liability for compliance in countries we supply to.
- We will only use your personal information as set out in our Privacy Policy.
- You agree that we may instruct other persons, companies or firms to carry out our
obligations under the Contract on our behalf, including where we instruct such
persons, companies or firms to procure or arrange delivery of the products to you.
You may refer to their terms and conditions for further details and information as
regards their services.
- 19.1 We may transfer our rights and obligations under these terms to another
organisation. You may only transfer your rights or your obligations under these terms
to another person if we agree to this in writing.
- 19.2 The Contract is between you and us. No other person shall have any rights to
enforce any of its terms.
- 19.3 When we use the words writing or written in these terms, this includes emails
and notices posted on our Site.
- 19.4 Each of the Clauses of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining Clauses will remain in
full force and effect.
- 19.5 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 the
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
- These Terms are governed by English law and you can bring legal proceedings in
respect of the Products in the English courts. If you live in Scotland, you can bring
legal proceedings in respect of the Products in either the Scottish or the English
courts. If you live in Northern Ireland, you can bring legal proceedings in respect of
the Products in either the Northern Irish or the English courts.
- Complaints may be made in writing to Apex Spares Ltd 13 Neptune Business
Centre, Tewksbury Road, Cheltenham, GL51 9FB;
- Or alternatively via email to info@apexspares.com Please enclose the nature of your
complaint along with supporting evidence for review.
