Dated:  15/11/2014

Welcome to the users of Compareparts.co.uk

This website is owned by Compare Parts Ltd, registered limited company in England, Company Number 08338232, with its registered office at 11 Ouchthorpe Lane, Wakefield, WF1 3HS, England

These Usage Terms and Conditions set out the terms on which we offer you access to our Website, products and services.

Please read these Usage Terms and Conditions carefully before using Compareparts.co.uk to purchase products or services. By using Compareparts.co.uk, you agree to comply with and be bound by these Usage Terms and Conditions.

This User Agreement is laid out in the following sections:

  1. Definitions
  2. General Conditions
  3. Your Account
  4. General Shopping Rules
  5. Order, Fulfilment, Dispatch and Delivery
  6. Refunds and Returns
  7. Our Guarantee
  8. Reviews and Feedback
  9. Intellectual Property
  10. Privacy
  11. Third Parties
  12. Miscellaneous

1. DEFINITIONS

“Content” means the textual, visual or aural content that is encountered as part of your experience on Compareparts.co.uk.

“Compareparts.co.uk” means all of the hardware and software installation that enables Compareparts.co.uk to function.

"Post" means upload or place on or into Compareparts.co.uk any Content or material of any sort by any means. 

“Product” means any item offered for sale on Compareparts.co.uk, whether physical goods or Services.

“Seller” means a company who offers a Product for sale on Compareparts.co.uk. This will be a third party vendor who sell their automotive products and services using our platform.

“Platform” means Compareparts.co.uk

“Service” means any service we provide, whether through compareparts.co.uk or otherwise.

“us”, “we”, “our”, Compare Parts™, Compare Parts, Compareparts.co.uk are all used to address the trading company, the systems, software, hardware of Compare Parts Ltd.

2. GENERAL CONDITIONS

  1. Use of Compareparts.co.uk is limited to persons over the age of 18 who can lawfully enter into contracts under the laws.
  2. As automotive parts are a specialist category, you have knowledge of automotive parts and/ or are making informed purchase decisions on our website.
  3. You must not use any Compareparts.co.uk Services for any activity that is unlawful under any Applicable Laws.
  4. Automotive parts and accessories identified on Compareparts.co.uk must be bought on this sight and not directly from the third party vendor/ seller.
  5. You must not use any Compareparts.co.uk services to send, list, distribute or otherwise divulge any material that is illegal, objectionable, misleading, false, defamatory, obscene, abusive, menacing, threatening, otherwise injurious or in breach of third parties' privacy or any Intellectual Property Rights. At all times during your use of the Website and any Compareparts.co.uk Services you must remain courteous to other users and to us
  6. You are responsible for all electronic communications and content sent from your computer at all times
  7. You must not use any Compareparts.co.uk Service for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or to cause annoyance, inconvenience or anxiety.
  8. You must not send, list, distribute or use any material that contains viruses, political campaigning, commercial solicitation (including URLs), Adwares, chain letters, mass mailings or any "spam".
  9. We will communicate with you by e-mail or by posting notices on the Website and acknowledge that you will communicate electronically with us when using any Compareparts.co.uk service. You agree to receive communications from us electronically and that all agreements, notices, disclosures and other communications made between us electronically satisfy any legal requirements that such notices be made in writing. It is your responsibility to ensure you are able to receive e-mails from us. We recommend you add emails from @compareparts.co.uk to your 'safe sender' list, and check that your online security software does not block e-mails from us. In the unlikely event you do have any difficulty receiving email from us please advise your Internet Service Provider who should be able to assist you further.
  10. In the event that you notice any content or material that you believe may be in breach of these Usage Terms and Conditions, please notify us immediately.
  11. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Compareparts.co.uk at the time that the contract was made.

3. YOUR ACCOUNT

  1. To open an account with us you must provide us with your name (nick name), unique email address and agree to abide without restriction to these Usage Terms and Conditions, as amended from time to time, every time you use Compareparts.co.uk services. If you do not accept these Usage Terms and Conditions, you may not use any Compareparts.co.uk services.
  2. To purchase an item on our online trading platform you must open an account with us and agree to abide without restriction to these usage Terms and Conditions, in each case as amended from time to time, every time you use compareparts.co.uk
  3. You warrant that any information that you provide to us is true, correct and complete and that you will notify us immediately if any part of this information changes.
  4. At registration or at other times during your interaction with us you may be required to provide a nickname or use an email address, which may be displayed in order to identify you when using Compareparts.co.uk services. You warrant that any nickname you create or email address is not objectionable, obscene, discriminatory or inflammatory and does not infringe any third party's Intellectual Property Rights.
  5. You will be required to provide a password for your account as part of our security measures. You are solely responsible for maintaining the security and secrecy of your password and should not under any circumstances give out this information to anyone not expressly authorised by you to use your account. You accept sole responsibility for any use of (whether authorised or not), or action taken using, your account. If you have any reason to believe that your password is compromised, you must change it immediately, using the link Forgot Password.
  6. Unless agreed by us in writing in advance, you may not register for more than one account on the Website.
  7. We reserve the right to reject any application to use Compareparts.co.uk in our sole discretion, including without limitation if we feel that doing so would protect our interests, those of our users and, in general, those of the Website.
  8. You may not transfer your account to another party without our prior consent. You accept sole responsibility for any use of (whether authorised or not) of your account.
  9. We reserve the right to suspend or terminate your account immediately if you are in breach of these Usage Terms and Conditions or any Service Agreement
  10. You can terminate your account by either writing to our registered address or via ‘Contact us’ link.

4. General Shopping Rules

  1. Compareparts.co.uk is a market place for automotive parts, we do not sell anything ourselves and only act as a platform for sellers who list their products with us, hence we are not responsible for the fulfilment or accuracy of the information.
  2. All prices listed on Compareparts.co.uk are inclusive of VAT, unless stated otherwise. All prices are controlled by the sellers, who are solely responsible for the accuracy of the pricing information.
  3. On occasion the sellers may refuse to fulfil a completed product transaction, in which case we will notify you as soon as possible, these cases should only occur in cases where an administrative stock level error, pricing error or damage to the product has been identified post transaction. On such occasion we will offer a full refund.
  4. Compareparts.co.uk is neither seller nor agent of any seller trading on the Website. The individual, legally binding contract for sale in respect of all items sold through Compareparts.co.uk is made between the relevant buyer and corresponding seller. We are not a party to the contract for sale nor do we assume any responsibility arising out of or in connection with it. Since we are not a party to the contract of sale between you and the seller, we are not responsible for any obligations on, or warranties made by the seller under the contract or any Applicable Laws that govern the contract between you and the relevant seller. The seller is solely responsible for dealing with any claims or any other issue arising out of or in connection with the contract for sale between the buyer and seller.
  5. We provide a marketplace for the supply of Products. We are in no way responsible for:
  1. Locating and Ordering your chosen products
  2. Your choice of products
  3. Any aspect of the provision of the products
  4. Payments for any product
  5. Quality of the product
  6. Any claims that the sellers have made about their products that may not be genuine
  7. Any promotional offers by the sellers that are not fulfilled
  8. Any complaints about the products
  9. Any Claims due to losses or damages resulting from any faulty products, delayed delivery or any such matters.
  1. If a dispute occurs between a buyer and seller in respect of a transaction completed via the Website, both parties are obliged to make every possible effort to resolve the dispute. We have no obligation or legal status to mediate or to enforce or execute fulfilment of any contract. We may however intervene in certain circumstances to resolve an issue if the need arises.

5. Order, Fulfilment, Dispatch and Delivery

  1. Your order to purchase an item from a seller will be placed when you click the "buy" button. Your order represents an offer to the seller to purchase an item.
  2. By placing an order, you authorise us to charge your credit, debit or charge card for the purchase price and we are entitled to rely on your placing of an order as an instruction to us to take your payment.
  3. You are required to pay for items on Compareparts.co.uk online trading platform with a current and valid credit, debit card and Paypal. You consent to us validating name, address and other personal information supplied by you during the order process against appropriate third party databases (including registered credit reference and fraud prevention agencies, who may keep a record of that information) in order to ensure that your card is not being used without your consent. You undertake that all details you provide us for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
  4. We are not responsible for fulfilling and delivering orders placed by buyers on Compareparts.co.uk. It is your responsibility to check a seller's delivery policy prior to confirming an Order. If you have a specific question about the delivery of an item, you should contact the relevant seller directly using the 'contact seller' function button.
  5. All payments relating to the purchase or sale of an item via the Website must be handled by us. You agree to pay in either pounds sterling (£).
  6. It is your responsibility that you order the correct parts and that you have where required contacted the seller, by using the ‘contact seller’ function, to ensure that the parts are correct for your vehicle.
  7. We encourage that you contact the Sellers to ensure correct parts are ordered, or resolve any issues, or communicate to clarify matters, but any instances where purchases are made direct with the Seller and outside the Compareparts.co.uk online platform are not covered under Our Guarantee and any such instances are seen as a breach of these terms and condition, in such cases the seller and buyers accounts may be suspended and/or terminate.

6. Refunds and Returns

  1. We cannot process refunds for purchases made on Compareparts.co.uk unless we have the authorisation from the relevant seller.
  2. The relevant seller's terms and conditions will apply to any refunds and returns of items.
  3. It is your responsibility to check a seller's returns policy prior to confirming an Order.
  4. If you have specific questions about a sellers returns policy or the return or refund of an item you should contact the seller directly using the 'contact seller' function button which can be found in the Order history section of your account. The seller will tell you how to return the item and where to send it.
  5. Any complaints and/or questions with respect to a sale transaction should be directed by you to the relevant seller.
  6. In the event of a refund from the seller, the amount will be refunded in accordance with the payment methods used to complete the purchase.
  7. You are advised to always obtain proof or a postage receipt for any items you send back, as the return of the item is your responsibility.

7. Our Guarantee

  1. Our Guarantee is the term used to ensure that buyers may shop with confidence on the Website
  2. All purchases made on Compareparts.co.uk are guaranteed under the Our Guarantee provided that the buyer has complied with these Usage Terms and Conditions.
  3. In the event of a dispute with a seller in respect of a transaction completed via the Website, you should in the first instance contact the seller. Buyers and sellers are obliged to use their good faith efforts to resolve any dispute to the best of their ability.
  4. In the event that you are unable to resolve the dispute with the seller directly, you may appeal to us for a refund under Our Guarantee scheme.
  5. We will examine all cases within a reasonable time frame.
  6. As part of our investigations, you may be required to submit further information in relation to the transaction and warrant that the information you provide is fair and true and/or return the item to us.
  7. Buyers may only make one Our Guarantee claim per item.
  8. Our Guarantee does not apply to purchases which have been refunded in full or which have been subjected to a 'chargeback' by your credit card, or purchases from sellers who are subsequently declared bankrupt, liquidated or placed into administration.
  9. Sellers who receive high amounts of claims from buyers may have some or all of their account privileges revoked, including without limitation suspension or termination of their Compareparts.co.uk account.
  10. The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion. In every case our decision is final and hence no further escalation of claim can be pursued.

8. REVIEWS AND FEEDBACK

  1. You are permitted to post reviews and comments on items purchased via the Website; and submit suggestions, ideas, comments, questions or other information, provided that you comply with these Usage Terms and Conditions and any applicable Service Agreements. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your review, comment or other content
  2. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted the content and material is accurate; and our use of such content and material does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). We reserve the right to remove any reviews without notifying you.
  3. You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate. You grant Compare Parts Ltd a non-exclusive, royalty-free, fully sub-licensable, assignable and transferable, irrevocable, worldwide license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, display, attribute to the name you use in connection with your submission of the content and otherwise use any such content posted by you in any media in perpetuity. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights including the execution of deeds and documents, at our request.
  4. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings, reviews or other content supplied by you, including the violation of their privacy or Intellectual Property Rights.

9. INTELLECTUAL PROPERTY

  1. All content, including without limitation graphics, logos, button icons, text and images made available by us on Compareparts.co.uk is the exclusive property of Compare Parts Ltd or its content suppliers and is protected by European and international intellectual property laws. We reserve all rights title and interest in the combination of all content included in or made available through the Website or any Compareparts.co.uk service together with all other Intellectual Property Rights belonging to us. Any goodwill accruing from use of the Website and our Intellectual Property Rights (including without limitation trademarks, trade and business names and service marks) will vest with Compare Parts Ltd.
  2. Subject to your compliance with these Usage Terms and Conditions, any applicable Service Agreement and your payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and make personal and non-commercial use of the Website and Compareparts.co.uk services in accordance with these Usage Terms and Conditions and any applicable Service Agreement only. This license expressly excludes without limitation modifying, distributing, copying, reproducing, republishing, selling, making any derivative works from or extracting or utilising parts of the Website or Compareparts.co.uk services; deep linking to the Website from any other website under your management or control without our express written consent; any framing or the use of framing techniques to enclose any trademark, logo or other proprietary Intellectual Property Rights (including images, text, page layout or form) of Compare Parts Ltd; using any meta tags or other "hidden text" incorporating any of Compare Parts Ltd.’s Intellectual Property Rights; any unauthorised collection and use of buyers' e-mail addresses or other information, ratings, feedback or listings, or any data extraction or data mining whatsoever all of which is expressly prohibited. The licenses granted by us terminate if you do not comply with these Usage Terms and Condition or any Service Agreement.
  3. The use of data mining, robots, any software or similar data gathering and extraction tools to extract for re-utilisation of any substantial parts of the Website constitutes a violation of our copyrights and other Intellectual Property Rights
  4. You are not allowed to imitate or use Compareparts.co.uk or the Website's presentation and structure, create and/or publish your own database that features substantial parts of the Website (e.g. prices and item listings) without our express written consent.
  5. Notwithstanding any provision of these Usage Terms and Conditions, we have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the Website and Compareparts.co.uk services.
  6. All rights not expressly granted to you in these Usage Terms and Condition or any Service Agreement are reserved and retained by Compare Parts Ltd or its licensors, suppliers, publishers, rights holders, or other content providers
  7. Compare Parts™ and other trademarks appearing on the Website (including without limitation graphics, logos, page headers, button icons, scripts and service names) are the trademarks of Compare Parts Ltd and may not be used in connection with any item or service that is not Compare Parts Limited’s, in any manner that is likely to cause confusion, or that disparages or discredits any aspect of Compare Parts.
  8. You should assume that everything you see or read is copyrighted, including trademarks not owned by Compare Parts Ltd that appear on the Website, which are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
  9. We respect the Intellectual Property of others. If any person ("IPR Claimant") believes that any content on the Website relating to items offered for sale by a seller may constitute infringement of their Intellectual Property Rights ("IPR Claim"), they should contact the seller in question. If an IPR Claimant is unable to resolve the IPR Claim with the seller directly, they should then notify us in writing. Upon receiving notification of an IPR Claim, we will make reasonable endeavours to investigate and/or remove the content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to Compare Parts Limited’s rights, remedies and defences, all of which are expressly reserved. An IRP Claimant agrees to indemnify Compare Parts Ltd for any and all claims against Compare Parts Ltd arising out of or in connection with the submission of an IPR Claim by such IRP Claimant.

10. PRIVACY

In using Compareparts.co.uk Services you accept that your personal data may be used in accordance with these Usage Terms and Conditions and our Privacy Policy which can be found here.

11. THIRD PARTIES

We allow third parties to operate stores, provide services, or sell product lines on the Website. All third party sellers are identified on the Website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties.

12. MISCELLANEOUS

  1. Waiver - We reserve the right to use the remedies in this User Agreement whenever you fail to comply with any of its provisions. Taking no action upon the breach of any of the terms of this User Agreement does not mean we have waived our rights to enforce any of its provisions.
  2. Variation and Severability - We reserve the right to make changes to any Compareparts.co.uk policies, agreements and terms and conditions including without limitation this User Agreement at any time. Any changes will be effective when we post them on the Website. Your continued use of the Website and applicable Compareparts.co.uk Service following our posting of any changes will constitute your acceptance of such changes or modifications. If any term of the User Agreement is deemed invalided, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
  3. Assignment - You may not assign or otherwise transfer, whether voluntarily or by operation of law, any rights or obligations under this User Agreement without our prior written consent.
  4. No Warranties - Whilst we are committed to providing a high standard of service and shall use our best endeavours to make your experience as smooth as possible, please bear in mind that you use the Website and our services at your own risk. We provide the Website and Compareparts.co.uk services on an 'as is' basis. To the fullest extent permitted by law, we make no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to the Website (including without limitation all information, content, materials or products included in the Website) and Compareparts.co.uk services including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via the Website is accurate, complete or current, that the Website or any Compareparts.co.uk services will meet your requirements or will be uninterrupted or free from errors. Furthermore we do not represent or warrant that the quality of any item purchased or obtained by you through Compareparts.co.uk online trading platform will meet your expectations.
  5. Access - We may temporarily suspend your access to the Website in order to carry out maintenance, repairs, and upgrades or to remove, add or alter our services. We give no warranty that the Compareparts.co.uk service will be satisfactory to you, although when this does happen we would like you tell us about it, so that we have a chance to fix it, if at all possible.
  6. We will do all we can to maintain access to Compareparts.co.uk, but it may be necessary for us to suspend all or part of our Compare Parts Service for repairs, maintenance or other reason. We may do so without telling you first.
  7. You acknowledge that the Compareparts.co.uk service may also be interrupted for reasons beyond our control.
  8. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Compare Parts Service.
  9. Disclaimer - We strive to ensure that the information on our Website is as accurate as possible, but do not accept responsibility or liability for any inaccuracies. We will do our best to correct errors and omissions in relation to the Website or any of the Compareparts.co.uk Services as quickly as practicable after being notified of them and reserve the right to change any information, prices, specifications and descriptions of listed goods, products and services but, we do not accept liability for any such errors or omissions.
  10. Limitation of Liability - YOU UNDERSTAND AND YOU AGREE THAT WE (INCLUDING OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR: (I) LOSS OF PROFITS; (II) LOSS OF DATA; (III) INTANGIBLE LOSSES; OR (IV) ANY INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE USAGE TERMS AND CONDITION, YOUR USE OF OR INABILITY TO USE THE WEBSITE OR YOUR ACCOUNT, OR YOUR SALE OR PURCHASE OF ANY ITEM VIA COMPAREPARTS.CO.UK, OR MESSAGES RECEIVED OR FEEDBACK POSTED TO THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. NOTHING IN THIS USER AGREEMENT LIMITS OR EXCLUDES OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR AGENTS OR EMPLOYEES OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
  11. Release - We have no responsibility for the transaction between any buyer and seller. If you have a dispute with a buyer or seller, you release us (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
  12. Compensation - You will compensate us in full (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement or your violation of any law or infringement of the rights of a third party. You agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
  13. Relationship of Parties - You and we are independent contractors, and nothing in this User Agreement will be construed to create a partnership, joint venture, agency (save as stated above), franchise, sales representative or employment relationship between the parties.
  14. Obligations that survive termination - All provisions in this User Agreement, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract between us.
  15. Third Party Rights - The legally binding contract between us and you is governed by the terms set out in this User Agreement. A person who is not a party to this User Agreement has no right to enforce these terms.
  16. Governing Law and Jurisdiction
  17. This User Agreement and any dispute or claim arising out of or in connection with them or their subject matters (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
  18. Notices

I.We will send notices and other communications to you at the e-mail address you have provided to us. You must send all notices and other communications to us by using the applicable pages. Any notices sent by e-mail or via the Contact Us form will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post to the address held on your account will be deemed to have been received on the next Working Day.

Any notices issued by us that appear on our Website will be deemed to have been received when you next use the Website, unless expressly stated otherwise in this User Agreement or in such notice.