Terms and Conditions
Apart from the definitions the terms and conditions outlined in
this document are split into 4 key areas as follows:
A. Use of Website.
B. Privacy policy.
C. Disclaimer
D. Procurement of Goods and / or Services
1.0 Definitions
1.1 In these terms and conditions the following definitions
apply.
1.2 “DesignTek” is the trading name and trading style
of “Sideline Design Ltd”
1.3 “DesignTek”, “Sideline Design Ltd”, “we”
or “us” refers to the owner of the website whose registered
office is “51 Tallon Road, Brentwood, Essex CM13 1TG.”
1.4 “http://www.designtek.uk” is the website unique
resource locator (URL) of “DesignTek”
1.5 “You,” “the client,” “the customer”
means the person(s), Business(es) procuring the services from “DesignTek.”
1.6 “Deposit” means the fee required by “DesignTek” for the purposes of purchasing goods or services from
“DesignTek.”
1.7 “Vehicle Owner” means the person(s) who is the legal
owner of the “Vehicle”
1.8 “Authorised person,” means the person(s) who is legally
entitled to act on behalf of the “Vehicle Owner”
1.9 “Confidential Information,” means any data of a private
nature held by “DesignTek”
1.10 “After market,” refers to any part which is not an
original Porsche part.
1.11 Unless the context requires otherwise, references to the singular
include the plural and references to the masculine include the feminine
and vice versa.
1.12 The headings contained in these terms and conditions are for
convenience and do not affect their interpretation.
2.0 The Contract
2.1 By accessing, browsing and/ or continuing to browse
and use the “DesignTek” website, and by browsing in our
any of our retail outlets, requesting quotations or procuring goods
and / or services from “DesignTek”, you are agreeing
to comply with and be bound by these terms and conditions.
2.2 By procuring goods and / or services from “DesignTek”
you are entering into a purchasing agreement or legal contract with
“DesignTek.”
2.3 Any person(s) procuring goods or services from “DesignTek”
must be either the “Vehicle Owner” or an “Authorised
Person”
2.4 By procuring goods or services from “DesignTek” you
are identifying yourself as the “Vehicle Owner” or an
“Authorised Person.”
2.5 We reserve the right to change our terms and conditions from time
to time. Amended terms will be posted on our website for “the
Client’s” perusal.
2.6 These terms and conditions contain the entire agreement between
the parties and unless otherwise agreed in writing by a director of
“Sideline Design Ltd” these Terms and Conditions prevail
over any other terms of business or purchase conditions put forward
by “the client.”
2.7 No variation or alteration to these terms and conditions shall
be valid unless the details of such variation are submitted by a director
of “Sideline Design Ltd”
2.8 The length of the contract terms is dependant on the total time
taken to complete the work for “the client” and length
of any warranty supplied for any labour and parts provided to “the
client” by “DesignTek” and the total time for the
purposes of the contract shall be taken as the later finishing date
of the two.
Section A - Use of Website
3.0 The use of this website is subject to the following terms of
use
3.1 The content of the pages of this website is for
your general information and use only. It is subject to change without
notice
3.2 Neither we nor any third parties provide any warranty or guarantee
as to the accuracy, timeliness, performance, completeness or suitability
of the information found or offered on this website for any particular
purpose. You acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any
such inaccuracies or errors to the fullest extent permitted by law.
3.3 It is a condition of us allowing you access to the information
on the “DesignTek” website that you accept we will not
be liable for any action you take relying on the information from
this website. “DesignTek” will not be liable if your
use of materials or information from the “DesignTek”
website results in the need for servicing, repair or correction of
equipment or data, “you” assume any costs relating to
the above. “DesignTek” reserves the right to charge for
access to certain information on the website. “DesignTek”
will inform you where a charge will be incurred by you for accessing
certain services or information on the “DesignTek” website.
3.4 If your PC does not support relevant technology including but
not limited to encryption you may not be able to use certain services
or access certain information on the “DesignTek” website.
3.5 You may not mirror any material contained on the “DesignTek” website or any other server without “DesignTek”’s
prior consent.
3.6 Your use of any information or materials on this website is entirely
at your own risk, for which we shall not be liable. It shall be your
own responsibility to ensure that any products, services or information
available through this website meet your specific requirements. 3.7
This website contains material which is owned by or licensed to us.
This material includes, but is not limited to, the design, logo, layout,
look, appearance and graphics. Reproduction is prohibited other than
in accordance with the copyright notice, which forms part of these
terms and conditions.
3.8 All trademarks reproduced in this website, which are not the property
of “DesignTek”, or licensed to the operator, are acknowledged
on the website.
3.9 Unauthorised use of this website may give to a claim for damages
and/or be a criminal offence.
3.10 From time to time this website may also include links to other
website. These links are provided for your convenience to provide
further information. They do not signify that we endorse the website.
We have no responsibility for the content of the linked website.
3.11 You may not create a link to these website from another website
or document without “DesignTek”’s prior written
consent.
3.12 In a few areas on the “DesignTek” website we ask
you to provide information that will enable us to use this information
that you provide us with to help keep you informed of our latest products
and services after your visit to the “DesignTek” website.
It is completely optional for you to participate. The information
you provide on this website may be held and used by us for any of
the following purposes: orders and/or accounts, dealing
with enquiries or complaints, crime and fraud prevention, marketing
our products and services or (subject to any objection or preference
you may indicate when submitting your personal details to us via this
website for sending information to you about our products and services
from time to time. In addition, we may use information about you provided
by credit reference agencies to help us make credit decisions and
prevent fraud.
3.13 We may disclose your information to other group companies, including
their respective partners, agents and sub-contractors, for any of
the above purposes. In addition we may disclose your information to
credit agencies and to other people in relation to enquiries concerning
the prevention and detection of fraud or crime, or the apprehension
or prosecution of offenders or as may be required by law or legal
proceedings.
3.14 You agree not to cause, nor knowingly allow others to cause,
any nuisance, annoyance or inconvenience whether to “DesignTek” or any of its customer or users of the “DesignTek”
website by any means including the use of the “DesignTek”
website services for persistently sending unsolicited communications
without reasonable cause.
3.15 The service is accessed via the World Wide Web, which is independent
of the service and “DesignTek”. Your use of the World
Wide Web is solely at your own risk and subject to all applicable
national and international laws and regulations. “DesignTek”
has no responsibility for any information or service obtained by you
on the World Wide Web.
3.16 “DesignTek” excludes all liability whether in contract,
tort (including liability for negligence) or otherwise for the accuracy,
suitability, quality or completeness of any information and the value
and integrity of goods and services offered by third parties over
the “DesignTek” website service. You acknowledge that
we have no control over and we exclude all liability for any material
on the World Wide Web, which can be accessed by using the “DesignTek” website service.
3.17 We may suspend or vary the whole or any part of the service offered
by the “DesignTek” website for any reason at any time
at our sole discretion.
3.18 “DesignTek” reserves the right to vary the terms
of this contact from time to time. Such variations becoming effective
immediately upon posting of the varied contract on the “DesignTek” website. By continuing to use the “DesignTek”
website services you will be deemed to accept such variation.
3.19 Your use of this website and any dispute arising out of such
use of the website is subject to the laws of England and Wales.
Section B - Privacy Policy
4.0 This privacy policy sets out how ““DesignTek””
uses and protects any information that you give ““DesignTek”” when you use this website.
4.1 ““DesignTek”” is committed
to ensuring that your privacy is protected. Should we ask you to provide
certain information by which you can be identified when using this
website; you can be assured that it will only be used in accordance
with this privacy statement.
4.2 ““DesignTek”” may change this policy
from time to time by updating this page. You should check this page
from time to time to ensure that you are happy with any changes. This
policy is effective from 17/01/08.
4.3 What we collect
We may collect the following information:• name
and job title
• contact information including email address
• demographic information such as post code, preferences and
interests
• other information relevant to customer surveys and/or offers
What we do with the information we gather:
We require this information to understand your needs and provide you
with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional email about new products,
special offers or other information which we think you may find interesting
using the email address which you have provided.
• From time to time, we may also use your information to contact
you for market research purposes. We may contact you by email, phone,
fax or mail.
• We may use the information to customise the website according
to your interests.
Security
4.4 We are committed to ensuring that your information is secure.
In order to prevent unauthorised access or disclosure we have put
in place suitable physical, electronic and managerial procedures to
safeguard and secure the information we collect online.
How we use cookies
4.5 A cookie is a small file which asks permission to be placed on
your computer's hard drive. Once you agree, the file is added and
the cookie helps analyse web traffic or lets you know when you visit
a particular site. Cookies allow web applications to respond to you
as an individual. The web application can tailor its operations to
your needs, likes and dislikes by gathering and remembering information
about your preferences.
4.6 We use traffic log cookies to identify which pages are being used.
This helps us analyse data about web page traffic and improve our
website in order to tailor it to customer needs. We only use this
information for statistical analysis purposes and then the data is
removed from the system.
4.7 Overall, cookies help us provide you with a better website, by
enabling us to monitor which pages you find useful and which you do
not. A cookie in no way gives us access to your computer or any information
about you, other than the data you choose to share with us.
4.8 You can choose to accept or decline cookies. Most web browsers
automatically accept cookies, but you can usually modify your browser
setting to decline cookies if you prefer. This may prevent you from
taking full advantage of the website.
Links to other websites
4.9 Our website may contain links to enable you to visit other websites
of interest easily. However, once you have used these links to leave
our site, you should note that we do not have any control over that
other website. Therefore, we cannot be responsible for the protection
and privacy of any information which you provide whilst visiting such
sites and such sites are not governed by this privacy statement. You
should exercise caution and
look at the privacy statement applicable to the website in question.
Controlling your personal information
4.10 You may choose to restrict the collection or use of your personal
information in the following ways:
4.10.1 whenever you are asked to fill in a form on
the website, look for the box that you can click to indicate that
you do not want the information to be used by anybody for direct marketing
purposes
4.10.2 If you have previously agreed to let “us” use your
personal information for direct marketing purposes, you may change
your mind at any time by writing to or emailing us at [email protected]
4.10.3 We will not sell, distribute or lease your personal information
to third parties unless we have your express permission or are required
by law. We may use your personal information to send you promotional
information about third parties which we think you may find interesting
if you tell us
that you wish this to happen.
4.10.4 You may request details of personal information which we hold
about you under the Data Protection Act 1998. A small fee will be
payable. If you would like a copy of the information held on you please
write to Data Protection Controller, Sideline Design Ltd,
51 Tallon Road, Brentwood, Essex CM13 1TG.
4.10.5 If you believe that any information we are holding on you is
incorrect or incomplete, please write to or email us as soon as possible,
at the above address. We will promptly correct any information found
to be incorrect.
Section C - DISCLAIMER
5.0 The information contained in this website is for general information
purposes only. The information is provided by ““DesignTek”” and whilst we endeavour to keep the information
up-to-date and correct, we make no representations or warranties of
any kind, express or implied, about the completeness, accuracy, reliability,
suitability or availability with respect to the website or the information,
products, services, or related graphics contained on the website for
any purpose. Any reliance you place on such information is therefore
strictly at your own risk.
5.1 In no event will we be liable for any loss or
damage including without limitation, indirect or consequential loss
or damage, or any loss or damage whatsoever arising from loss of data
or profits, arising out of or in connection with the use of this website.
5.2 Through this website you are able to link to other websites, some
of whose back ends are not under the control of ““DesignTek”” but may be branded to “DesignTek”,
and other sites that are totally beyond the control of “DesignTek”. The control of the sites is limited to the nature of the
site. We have no control over the nature, content and availability
of those sites. The inclusion of any links does not necessarily imply
a recommendation or endorse the views expressed within them.
5.3 Every effort is made to keep our company websites up and running
smoothly. However, ““DesignTek”” takes no
responsibility for and will not be liable for the website being temporarily
unavailable due to technical issues beyond our control.
Section D – Procurement of Goods and Services
6.0 This contract aims to protect all parties whenever unforeseen
circumstances might arise. This document is intended to be a legal
contract between the two parties “DesignTek” and “the
Client.”
6.1 The following terms and conditions apply to all
goods and / or services offered by “DesignTek”. By ordering
any goods and / or services from “DesignTek” you are
agreeing to the following terms and conditions:
DEVELOPMENT PROCESS
6.2 All services described herein are to be performed
by us in accordance with the most commonly accepted standards and
practices of the Motor and Body Shop Industry. That is to say, we
will use the development technologies and modifications processes
that are most universally acceptable in order to satisfy the broadest
market possible.
6.3 Any quotations provided are exclusively for “the Client”
named on the written quote and are based upon the information provided
by “the client” and the most appropriate parts and labour
available at the time.
6.4 Any further requirements or considerations put forward to “DesignTek” must be reviewed separately, and if become necessity, will
result a replacement quote or new quote being issued.
6.5 It should also be noted that any quotations provided are valid
for a period of 30 days from the date issued but may be subject to
changing market prices for labour and any goods or other services.
6.6 All specifications for work will be agreed before any work is
started.
6.7 A pre work commencement vehicle inspection will be carried out
at which point, any exterior vehicle dents, scratches and any other
exterior faults will be noted and “the Client’s”
signatory will be required.
6.8 If any unforeseen faults are found in your “vehicle”
after we have started work, we will inform you and advise you on the
best course of action. Extra charges may be incurred as a result.
In certain cases unforeseen faults may have implications to the road
worthiness of the “vehicle” and it will affect the progress
of the development process. If you “the client,” do not
want this corrective work to be completed, you will have to accept
the
vehicle without any warranty and agree to indemnify “DesignTek” against any action taken as a result of any consequential
problems.
6.9 Once the project has been completed, future changes will be dependent
on the work involved. All costs will be in-line with the original
development work but shall take account of any changes in market prices
for labour and any goods or other services
6.10 A post work completion, handover inspection will be carried out
at which point, “the client” will be required to verify
that the “Vehicle” has been returned in the same condition
or better then pre work commencement.
Refunds, returns, credit notes, and exchanges
6.11 Specially ordered parts CANNOT be returned for
credit.
6.12 Fuel injection and electrical parts cannot be returned for credit
if supplied correct to application
6.13 A minimum handling charge of 25% will be applied on parts correctly
supplied being returned for credit.
6.14 All orders/goods should be checked immediately on receipt so
any shortages or damage to goods can be reported without delay.
6.15 All parts being returned for credit must be in a resalable condition,
items will not be accepted if they appear to have been fitted, if
any sealant grease has been applied or if the packing has been damaged.
6.16 We reserve the right to refuse exchange units, which are considered
to be in an unserviceable condition.
6.17 Surcharges must be paid in upon purchase of the unit and will
be reimbursed only if and when the unit is accepted by the surcharge
department.
6.18 No warranty claims will be accepted on any faulty goods returned.
6.19 Items returned for credit/exchange must be received within 5days
of the purchase date, accompanied by a relevant invoice. No goods
will be accepted without the proof of purchase invoice.
Other conditions
6.20 To meet increased demands and availability of
products the right is reserved to change manufacturer, brand or component,
without prior notice; purchasers should check and ensure such details
at time of purchase.
6.21 Please note all parts are for standard specification European
cars, please check with our sales office before ordering.
6.22 Please note that all parts and products are designed for road
use unless specified otherwise.
6.23 The right is reserved to alter prices and specification without
notice.
6.24 “After market” additions and modifications to “vehicles”
may not be covered by your Manufactures Warranty or extended Warranty.
It is “the client’s” responsibility to check that
directly with any organisation which has given a warranty on your
“Vehicle.”
COSTS
6.25 All goods remain the property of DesignTek UK
until payment has been received in full.
6.26 If it becomes necessary for “DesignTek” to bring
any action to collect any sums due under this Agreement, it shall
be entitled to collect, without prejudice to any other remedy, in
addition to all damages, its costs of collection and any outstanding
costs. Legal action proceeds immediately after the due date.
6.27 We, “Sideline Design Ltd,” understand and will exercise
our statutory rights to interest under ‘The Late Payment of
Commercial Debts (Interest) Act 1998’ if we are not paid to
agreed credit terms at a rate of 12.5%.
CONFIDENTIALITY
6.28 “DesignTek” acknowledges that this
Agreement creates a confidential relationship between “DesignTek” and the Client and that information concerning the Client's
business affairs, customers, vendors, finances, properties, methods
of operation, computer programs, and documentation, and other such
information, whether written, oral, or otherwise, is confidential
in nature. All such information concerning the Client is hereinafter
collectively referred to as "Confidential Information."
6.29 “DesignTek” agrees to take reasonable steps to ensure
that its staff and subcontractors are bound by the provisions of this
clause.
6.30 This Clause shall not apply to information that is or becomes
public knowledge otherwise than through the default of the party concerned,
or is already in the receiving party's possession, or is legally acquired
by such party from a third party, or is required by law to be disclosed.
6.31 “DesignTek” is fully compliant with the data protection
act.
6.32 “DesignTek” may seek, and the Client shall not unreasonably
withhold, permission to publicise “DesignTek” involvement
with “the Client.”
COPYRIGHT
6.33 The copyright, patent, and
other intellectual property rights ("IPR") in the Website
of DesignTek and in particular any copy, photographs, layouts, logos
and products unless expressly stated shall remain the exclusive
property of “DesignTek”.
6.34 The Client agrees that copyrights to “DesignTek”'
work shall remain the exclusive property of “DesignTek”,
and that it will not use as a template, sell, transfer, publish, disclose
or otherwise make the contents of the website available to third parties
without “DesignTek”' prior written consent. Any rights
granted to the Client under this Agreement shall not affect XS Online
exclusive ownership of the website copyright.
WARRANTY
6.35 All parts and goods sold, unless otherwise stated
shall be covered by the standard manufacturers warranty.
6.36 “DesignTek” will correct any faults incurred as
a result of its negligence at no cost to the client.
6.37 “DesignTek” will offer standard guarantees on any
labour carried our on the “the client’s” “vehicle”.
6.38 The Client will pay at “DesignTek” standard daily
fee rates for all time spent on investigating submitted 'faults' that
are established to be correctly functioning.
LIABILITY FOR LOSS OR DAMAGE
6.39 “DesignTek” shall not be liable
to the Client for loss of profits, goodwill or any type of special,
indirect, incidental or consequential loss (including but not limited
to loss or damage suffered by the Client as a result of an action
brought by a third party) even if such loss was reasonably foreseeable
or “DesignTek” had been advised of the possibility of
the Client incurring such loss; and
6.40 “DesignTek” shall have no liability in respect of
any product or services to be supplied by the Client or any third
party.
6.41 Save as expressly provided herein, all other terms and conditions,
warranties or representations whether expressed or implied (by statute
or otherwise) relating to the Solution and the supply of the Solution
or imposing liability on “DesignTek” is hereby excluded.
6.42 “DesignTek” will guarantee the safety of “the
Client’s” “Vehicle” while it is in our care.
FORCE MAJEURE
6.43 Neither party shall be liable for any delay in
meeting or for failure to meet its obligations under the agreement
due to any cause outside its reasonable control including (without
limitation) Acts of God, war, riot, malicious act of damage, fire,
flood, acts of any government or public authority, failure of the
public electricity supply, failure of any telecommunications service
provider, failure or delay on the part of any sub-contractors beyond
its reasonable control or the unavailability of materials. Further,
“DesignTek” shall not be liable for any such delay or
failure resulting from a request by the Client for any change made
to the supply of the design service being provided.
6.44 If “DesignTek” is prevented from meeting its obligations
due to any of the aforesaid causes it shall notify the
Client of the circumstances and the Client shall grant a reasonable
extension for the performance of the
Agreement.
6.45 “DesignTek” reserves the right to change, or amend
these terms and conditions at any time, without prior notice. We will
however inform any clients who may be affected by these changes.
Communication
6.46 Any notices given by “DesignTek”
by post or email are deemed to be delivered at noon the next day after
posting.
Law
6.47 Governing Law English applies to these terms
and conditions.
