WEBSITE TERMS AND CONDITIONS FOR USE.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT WWW.CKSPERFORMANCE.COM
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The website is operated by: CKS PERFORMANCE LTD
We are registered for VAT and our VAT number is GB809111358. Our contact details are as follows:
CKS Performance Ltd,
9 The Metro Centre, Dwight Road, Watford Hertfordshire WD18 9SS United Kingdom
General email: sales@cksperformance.com
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, as they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we change the order status to pending. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 If you place an order via the phone or internet you warrant that you are legally capable of entering into a contract of sale and you are at least 18 years old.
2.4 We may refuse to accept an order:
1. Where goods are not available;
2. Where we cannot obtain authorisation for your payment;
3. If there has been a pricing or product description error; or
4. If you do not meet any eligibility criteria set out in our terms and conditions.
2.5 The Buyer shall be responsible to CKS Performance Ltd for ensuring the accuracy of the terms of any order (including any applicable specification or particulars) submitted by the Buyer, and for giving CKS Performance Ltd any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
2.6 CKS Performance Ltd reserves the right to make any changes in the specification of the Order and Goods which are required to correctly conform to an Order, and with any applicable safety or other statutory requirements.
2.7 All images shown are for illustration purpose only. Actual product may vary due to product enhancement. Kindly ensure you have read the product description carefully prior to placing an order.
3. PRICING AND SHIPPING
3.1 Our prices are indicated exclusive and inclusive of VAT as we are registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and are subject to alteration without prior notifIcation.
3.4 Pricing does not include International duties/ customs fees.
All shipments outside the UK may be subject to import charges (Duties, Customs tariffs and VAT) which are set by the destination country. They are based on the purchased merchandise’s country of origin/manufacturing and the classification of that merchandise and are levied once your package reaches your country. CKS Performance does not collect your duties and taxes during checkout and cannot predict what your particular charges may be, and in the event you incur these additional charges, they must be rendered in order for your package to clear customs. For more information regarding your country's customs policies, please contact your local customs office.
We use your package weight and product shipping restrictions to match your order with a carrier; we are unable to request a specific carrier.
3.5 Pricing can fluctuate due to market and currency conditions. We reserve the right to increase or lower pricing without prior notification or consent.
3.6 If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
3.7 All prices do not include installation charges at our facilities in Watford, Hertfordshire, United Kingdom unless specified.
3.8 Reward points are available for retail customers only who are not in receipt of any additional discounts, unless prior agreed by us.
3.9 Reward points are ineligible for collection or use by Trade account customers.
3.10 All delivery dates are approximate, we cannot guarantee delivery timings, due to unforeseen circumstances which are beyond our control or that of the Shipping company, such as adverse weather conditions, delays due to issues with carriers and Customs.
The delivery service you select i.e. Standard or Express is from the actual goods being received into our warehouse. It does not mean from the actual point of purchase. Therefore, if an item is Special order or Out of stock, we will dispatch your order after the actual goods(s) arrive into our warehouse, on the delivery service you have selected.
3.11 We reserve the right to drop-ship orders direct from our suppliers to the shipping address as provided on customer orders. All shipments outside the UK may be subject to import charges (Duties, Customs tariffs and VAT) which are set by the destination country. They are based on the purchased merchandise’s country of origin/manufacturing and the classification of that merchandise and are levied once your package reaches your country. CKS Performance does not collect your duties and taxes during checkout and cannot predict what your particular charges may be, and in the event you incur these additional charges, they must be rendered in order for your package to clear customs. For more information regarding your country's customs policies, please contact your local customs office.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
1. You can notify us by email: sales@cksperformance.com before we have dispatched the goods to you
2. Where goods have already been dispatched to you, by returning goods to us in accordance with clause 3 below.
3. You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange*. The costs of returning goods to us shall be borne by you. We are not responsible for return delivery charges.
4. Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
5. The rights to return the goods to us as referred to in clause 2 and 3 will not apply in the following circumstances: -
1. in the event that the product has been fitted or used.
2. to any products that we have made, custom painted or customised specifically for you
3. to any special ordered products.
4. if items are not returned to us in a fully resalable condition with all of the original packaging supplied.
5. We reserve the right to make a handling and restocking charge of 25% on all goods which are returned if they were ordered in error or are no longer required.
5.1 If the item(s) you are returning have been opened or used, we are unable to resell them as new. Therefore, a 25% handling fee may be deducted if they are not returned in mint condition with all packaging/ accessories exactly as supplied to you.
Kindly do not write or deface packaging or goods, as the 25% handling fee will apply.
The provisions of this clause do not affect your statutory rights.
6. If you are are making a return, you must ensure the item is marked as RETURN ONLY. We do not cover import duties for any returns or exchanges. Any charges which we receive will be deducted from your order.
7. Refunds take up to 10 working days to process. Most refunds arrive within 10 days, but for some payment methods and regions, it might take longer.
8. A 25% handling charge will be deducted for all orders whereby a refusal has been made to pay for Import charges including VAT and taxes. In addition return delivery costs and any other charges will also be applied. This will deducted from the original payment method.
9. For any order which is paid by Bank transfer, if a refund is initiated, an administrative fee of 10% of the total order value will be applied.
10. Special orders are not open for return, refund, exchange or cancellation under any circumstances whatsoever.
11. The customer is responsible for the return of all unwanted goods. We do not offer recompense or reimbursement for return delivery costs.
5. LICENCE
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
1. no documents or related graphics on this Website are modified in any way;
2. no graphics on this Website are used separately from accompanying text;
3. and
4. any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
2. for which you have not obtained all necessary licences and/or approvals;
3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
4. or
5. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
1. you do not remove, distort or otherwise alter the size or appearance of the logo;
2. you do not create a frame or any other browser or border environment around this Website;
3. you do not in any way imply that we are endorsing any products or services other than our own;
4. you do not misrepresent your relationship with us nor present any other false information about us;
5. you do not otherwise use any trade marks displayed on this Website without our express written permission;
6. you do not link from a website that is not owned by you;
7. and
8. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
8.4 Disclaimer of liability
The material and information contained on third party websites provided is for general information purposes only. You should not rely upon the material or information on these websites as a basis for making any business, legal or any other decisions.
Whilst we endeavour to provide correct information, CKS Performance Ltd makes not representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability, or availability with respect to these websites or the information, products, services or related graphics contained on these websites for any purpose. Any reliance you place on such material is therefore, strictly at your own risk.
8.5 We may use product images or videos containing your vehicle for our own websites, and third party websites for marketing or advertising purpose. These images and videos may have been supplied to us by you, or created by us whilst carrying out installation of our product(s) to your vehicle. We endeavour to ensure your vehicle registration / chassis/ VIN numbers will not be displayed on our own or third party websites.
9. REGISTRATION
9.1 To register with you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
All images shown are for illustration purpose only. Actual product may vary due to product enhancement. Kindly ensure you have read the product description carefully prior to placing an order.
10.2 The material on this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for
1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
2. fraud;
3. misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
11.5 We recommends that you employ a competent garage/ specialist to complete installation of our supplied products. Wherever possible mock test fitment must be carried out in advance prior to a secure installation.
We are not responsible for any problems or damage that occurs as a result of a 3rd party installation.
We do not cover alteration of any items we offer i.e. painting or covering in trims in a different finish/ material. Should any item be altered, we will be unable to assist with any return or exchange.
We by law are not able to provide instructions diagrams for all products we offer.
We are not responsible for any cost that may arise from improper installation of any product we offer.
Should a product be supplied defective, it must be returned at the customer's expense for inspection prior to replacement being dispatched.
All products must initially be inspected by us, and if deemed to be defective a replacement and/or repair will be organised accordingly. If no defect is found, the customer is responsible for all shipping costs of all parts. The shipping costs must be paid by customer prior to any parts being sent back to the customer.
We do not cover installation costs under any circumstances. This includes and is not limited to incorrectly manufactured, or incorrectly supplied products.
If an issue occurs CKS Performance will endeavour for the manufacturer to assist with resolution directly with the customer. However, CKS Performance will not accept any responsibility if the manufacturer chooses to not assist.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
14. RIGHT TO SUB CONTRACT
Unless otherwise agreed CKS Performance shall be entitled to sub-contract all or any part of the work.
15. WARRANTY
15.1 In addition to your Statutory Rights, a Parts & Labour Warranty is provided for a period of 12 months (or within 12,000 miles - whichever comes first) of work carried out by a CKS Performance Ltd. The Warranty covers replacement defective parts or related workmanship. Parts warranty is subject to the manufacturers guidelines and warranty terms.
15.2. The Warranty is dependent upon:
15.2 (a). CKS Performance Ltd being given an opportunity to investigate or rectify any faults within a reasonable timeframe
15.2 (b). The manufacturer's vehicle operating instructions being followed.
15.2 (c). Having the vehicle serviced according to the manufacturer's recommended schedule (at the time or distance specified).
15.2 (d). Full compliance with CKS Performance Ltd advisories, warnings and information or any instructions provided by CKS Performance Ltd.
15.2 (e). The parts or workmanship carried out not being subjected abnormal conditions or unreasonable wear and tear.
15.3 CKS Performance Exhausts
We guarantee the CKS Performance Stainless steel exhaust system fitted to your vehicle for a one year period during which you remain the registered keeper of the vehicle, or for the period stated in Clause 1 below for specific items. All guarantees are subject to the conditions and limitations set out below. Your statutory rights are not affected by this guarantee.
Clause 1 Items excluded from Guarantee
- Mechanical items, including flexible couplings and knuckle joints are covered for a period of 12 months from the date of purchase.
- Catalytic converters are covered for a period of 12 months or 6,000 miles from the date of purchase..
- Manifolds & Front pipes are covered for a period of 12 months from the date of purchase.
- Rubber mountings are not covered.
- Repairs or modifications to exhaust components or systems not made by ourselves are not guaranteed.
- Any other items specifically noted as excluded on the original purchase invoice. Please note that all guarantees are subject to the conditions and limitations set out below.
Conditions and Limitations of Guarantees
- Surface discolouration or corrosion other than corrosion that results in leakage is not covered by the guarantee.
- Damage caused to any part of the exhaust system as a direct or indirect result of worn engine mountings or excessive vibration is excluded from the guarantee.
- Damage caused by physical impact of any kind, including impact with speed restriction bumps is not covered by the guarantee.
- Damage caused as a result of the failure of a rubber mounting hanger is excluded from the guarantee, unless such failure occurs within a period of 12 months from the date of purchase, and has not occurred as a result of impact or negligence.
- Damage caused as a result of serious engine wear resulting in fuel or oil contamination to silencer materials invalidates the guarantee.
- Non standard use of the vehicle (e.g. competition or circuit use) invalidates the guarantee. Alterations or modifications carried out to the system by any third party invalidates the guarantee.
- This guarantee does not cover any form of consequential loss or damage howsoever caused
15.4 Warranty for Alloy Wheels
Painted finish alloy wheels come with a standard 12 Month warranty. Polished/Polished Face Alloy Wheels only come with a manufacturers warranty of 6 Months. Chrome Wheels are for show purposes only and come with no warranty. All Alloy wheel warranty claims must be returned to the manufacturer for inspection. The manufacturer’s decision on warranty is final. Any Damaged (e.g. Kerbed Wheels) will not be covered by any of our manufacturers guarantees.
15.5 Warranty for ECU and TCU Remaps
All listed performance figures are approximate. Figures may vary due to aerodynamic components, atmospheric conditions, axle and vehicle weights together with the condition of the engine.
We offer a warranty on our ECU and TCU Remaps for 12 months or 6,000 miles. Our warranty covers only our ECU and TCU Remap, and does not include any wear to your vehicles engine or any other component.
In addition our ECU and TCU Remaps are software related only, and does not extend to coverage or warranty for the actual ECU or TCU hardware, or any other component.
Our warranty does not replace the vehicle manufacturer's warranty, which may be invalidated after carrying out upgrading of the ECU or TCU.
15.6 Warranty for Plastic trims and Styling elements, interior and exterior
Sunlight, detergent and differing temperatures can greatly affect the longevity of exterior and interior plastic trims. As such we do not provide any warranty on trims. Using specific products recommended by Autoglym and other reputable brands may assist in the longevity of finish of these trims.
16. LIABILITY
16.1 CKS Performance Ltd does not accept any liability for any damage or losses suffered by the Customer from the storage of its vehicle at the CKS Performance Ltd garage or facilities.
17. Fraudulent payment
17.1 If a transaction fraud alert is raised, CKS Performance Ltd reserves the right to ask for the payment to be made by BACS/CHAPS.
18. Cancellation and No-show Policy
18.1 If you cancel your booking less than 7 days, but at least 48 hours before your specified booking date, you will be refunded the booking amount minus a handling charge of £60.00.
18.2 If you cancel your booking in less than 24 hours before your specified booking date, you will be charged 10% of the total order value.
18.3 If you fail to attend on your specified booking date, you will receive a refund minus a handling charge of £30.00 and 10% total order value.
18.4 If you amend your booking date and provide us 72 hours notice or more, we provide one opportunity for a change of booking date. Should this be repeated, there will be a handling charge of £50.00 applied.