The Terms and Conditions were last updated on 14 February 2023
TERMS OF USE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
These terms of sale apply to all goods supplied by All Performance. The registered office is at 1 Ashtree Hill, Tandragee, County Armagh, BT62 2LH, Northern Ireland
No contract shall exist between you and All Performance for the sale of any goods until we have received payment in full and accepted your order.
All Performance cannot accept your order until you have supplied payment details in full. Upon receipt of these details, we will confirm acceptance of your order by email to the email address provided at checkout. Whether or not you receive the email, our acceptance of your order will create a legally binding contract between us.
We do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree
We may change these terms of sale without notice to you in relation to future sales (including prices).
2. Description and Price of the Goods
The description and price of the goods you order will be as shown on our website at the time you place your order.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will not accept your order. If after acceptance All Performance discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If we do not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
In addition to the price, you may be required to pay a delivery charge for the goods, unless agreed. Some packages (those particularly large or heavy) that are sent outside of the UK maybe subject to an unforeseen additional delivery charge that is stipulated by the courier at the time of booking the delivery. In this instance, we will notify you of the exact carriage cost and you will have the option to refund the order or pay the additional charge.
Please ensure that you have received and checked your order in full before arranging fitment or installation of parts as no liability will be accepted for any labour costs incurred.
We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. All sizes quoted are approximate
3. Payment
Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle All Performance to terminate the contract immediately.
There will be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by All Performance to you.
4. Delivery
The goods you order will be delivered via the most effective means deemed fit, to the address you provided when you place your order.
Orders will be processed the next working day (Monday-Friday excluding public holidays), provided no additional security checks are required and all stock items are available.
If delivery cannot be made to your address for reasons under our control, All Performance will inform you as soon as possible.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of All Performance) then without prejudice to any other right or remedy available to us, we may:
1. Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
2. Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations All Performance shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to All Performance. Should you fail to return the goods, we reserve the right to deduct any direct costs incurred by us in retrieving the goods as a result of such failure.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, All Performance will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
5. Returns and Refunds
If your goods are faulty or damaged on delivery, we will exchange the product or issue a refund.
Goods must be returned to All Performance in the original packaging (without being installed or used, and with all relevant seals and enclosures intact) within 14 days of receipt by the buyer.
Important – returned items that are damaged in transit due to inadequate packaging may not be credited or exchange if we determine that due care was not taken when packaging items for return to All Performance.
Where possible, please reuse the original packaging, and contact us if you have any questions regarding adequate packaging. This is especially important when returning larger items such as alloy tanks, intercoolers and radiators. If you are returning product due to damage that has occurred in the delivery to you then please take images showing the damage to both the packaging and the product, and send them by email to sales@allperformance.co.uk prior to packaging the damaged item for return.
If you have ordered in error, we will issue a full refund (*exclusions apply) upon return of the item(s). Goods must be returned to us in original unopened packaging within 14 days of receipt by the buyer.
In all circumstances, any action shall be subject to the buyer producing proof of purchase and returning goods, delivery paid.
* Exclusions: Products made to specific requirements / custom order or non stock / made to order items are excluded. Duplicate orders of separate values will be considered, but refunds will only be issued on the lower value order, or the order where a discount code has been used.
6. Risk / Title
The goods are at your risk from the time of delivery.
Ownership of the goods shall not pass to you until All Performance have received in full (in cash or cleared funds) all sums due to it in respect of:
1. The goods, and
2. All other sums which are or which become due to All Performance from you on any account.
All Performance shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from us.
7. Your Right of Cancellation
You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
To exercise your right of cancellation, you must give written notice to us by hand post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own liability and cost. The goods must be returned to our address as shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods we shall, after receiving notification, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
Once you have notified us that you are cancelling the contract, All Performance will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
Except in the case of faulty or mis-described goods, if you do not return the goods as required, All Performance may charge you a sum not exceeding the direct costs of recovering the goods.
8. Warranty
All goods supplied by All Performance are warranted by standard manufacturer’s warranty from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, Finished colour/aesthetic appearance of the product or if the product has been exposed to the use of any Traffic Film Remover or alternative acidic cleaner (commonly used in hand car washes), negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
If the goods supplied to you are damaged on delivery, you should notify us in writing via email within 3 working days.
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing via email, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
All Performance is under no right to refund defected items, if a suitable replacement is available.
9. Limitation of Liability
9.1 Nothing in these Conditions shall limit or exclude All Performance liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
9.2 Subject to clause 9.1:
All Performance shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
All Performance ‘s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the invoice price for the relevant Goods and/or Services.
9.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
9.4 Save where the same forms part of the Contract All Performance shall have no liability for any advice or assistance given to the Customer.
9.5 This clause shall survive termination of the Contract.
10. Acceptance of Goods
It is the buyer’s responsibility to check the goods are free from obvious defects and that no parts are missing within 14 days of delivery. If they have not been rejected and/or an issue raised within this time period, All Performance will deem that the buyer has accepted the goods and that they were delivered complete. The buyer shall not be entitled to reject the goods in whole or in part and shall not be able to claim a free replacement for a missing part thereafter. We therefore encourage all goods to be inspected and checked as soon as they arrive and if there is an issue, we can be contacted by email, social media message or in writing.
11. Electronic Communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
12. Data Protection
All Performance will take all reasonable precautions to keep the details of your order and payment secure but unless the company is negligent, All Performance will not be liable for unauthorised access to information supplied by you. We do not store credit card details unless agreed, nor do we share customer details with any 3rd parties
13. Intellectual Property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
13.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
14. Third Party Property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
15. Images
Product images are for illustrative purposes only and may differ from the actual product.
16. Responsible Use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
17. Registration
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
18. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
19. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
20. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United Kingdom.
21. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
22. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
23. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
24. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
25. Entire agreement
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and All Performance in relation to your use of this website.
26. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.
27. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of United Kingdom. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United Kingdom. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
28. Contact Information
This website is owned and operated by All Performance.
You may contact us regarding these Terms and Conditions by writing or emailing us at the following address: sales@allperformance.co.uk
1 Ashtree Hill
Tandragee
County Armagh
BT62 2LH
