Terms and Conditions

Terms and Conditions

These terms and conditions together with the documents referred to in them tell you the basis on which we will supply to you our goods ("Goods") and services ("Services"). Please read these terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms.

IN PARTICULAR WE DRAW YOUR ATTENTION TO CLAUSE 20 BELOW WHERE WE LIMIT OUR LIABILITY TO YOU

These terms apply ONLY to "Consumers", for any businesses, trades, professions or if you are acting in the capacity of a director, sole trader or partner click here to access the terms applicable to you.

You should retain a copy of these terms for future reference.

• 1.1 The Goods and Services are provided (and/or promoted as per clause 6) Spark welding services (commercial) Limited
• 1.2 We are registered in England and Wales and have our registered office at 1 Tyle Place Cottage, Clayhall Lane, Old Windsor, Berkshire SL4 2JH and main trading address at Spark welding services(commercial) Limited, Unit 5 Manor Farm, Poyle Road, Poyle, Slough, SL3 0BL.
• Our company number is 2680212 and our VAT registration is 766 4369 89.

Your Status

2.1 By placing an order with us, you warrant that:

• 2.11 you are legally capable of entering into binding contracts.
• 2.12 you are a Consumer (not a business, trade, profession or acting in the capacity of a director, sole trader or partner) and you are at least 18 years old.
• 2.13 the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.

2.2 You acknowledge that clause 5 does not apply unless you are purchasing Goods and/or Services by mail order or from our website (excluding click and collect) as a consumer (in other words, other than in the course of a business, trade or profession) ("Consumer").

Application

• 3.1 These terms and conditions apply to all sales of Goods and/or Services provided by us to you.
• 3.2 If you are purchasing Goods and/or Services via our website, subject to clause 5, no contract for the supply of Goods and/or Services ("Contract") will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).
• 3.3 If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order, delivery of the Goods or performance of the Services.
• 3.4 Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.
• 3.5 You must ensure that the terms of your order and any applicable specification are complete and accurate.
• 3.6 These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
• 3.7 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.

GOODS AND SERVICES

• 4.1 All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them and the images of the Goods on the website or otherwise are for illustrative purposes only
• 4.2 We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
• 4.3 The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
• 4.4 We cannot guarantee that the appearance and/or colours of Goods (including without limitation paint) shown on the website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves. Natural products may show some colour variations against your vehicle colour (whereby such colour may have been distorted due to weather conditions). Where LKQ agrees to provide a specifically mixed paint product, you agree to check the accuracy and suitability of such product and use in accordance with any manufacturer's guidance and instructions provided.
• 4.5 Please note that tools used to identify mixed paint products via printed samples or the manufacturer's identification code or electronically analysed either through the website and/or instore ("Colour Identification Tools") indicate the approximate colour of the product only, and are not representative of other characteristics such as the quality, durability or sheen of the eventual product purchased.
• 4.6 We recommend that you apply the mixed paint product (refer to clause 4.4 and 4.5 above) to a test card to compare to the actual surface to be painted before undertaking your vehicle bodywork and use in accordance with the manufacturer's instruction and/or guidance. This will give you a stronger indication of the appearance of the actual colour, which can be affected by the substrate of the eventual surface, size and lighting of the room.
• 4.7 All Goods supplied by us are subject to availability. We reserve the right in the event that we cannot supply you with the Goods that you have ordered, to supply you with substitute goods of equivalent or matching quality. In the event that you do not accept such substitute goods, we shall arrange and be responsible for the cost of collecting such substituted goods from you; subject to the goods being in the condition as provided at clause 5.3.2 and 16.1.3.
• 4.8 We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
• 4.9 Technical specifications are approximations unless specifically stated otherwise.
• 4.10 You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so.
• 4.11 If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
• 4.12 We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without the prior written consent of us.

Consumer Rights- Right to Cancel

Clause 5 only applies if you are a Consumer AND purchasing Goods and/or Services by mail order or from our website (www.sparksweldingservices.co.uk). Where you use purchase Goods in-store or use our click and collect facility, your purchase will take place in-store and this clause 5 shall not apply.

• In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel the Contract (subject to clause 5.8 below) for any item bought on the Website for a full refund within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good(s).
• To exercise the right to cancel email customer services on admin@sparksweldingservices.co.uk, or call +44 (0) 1753 206200, or write to us at Sparks welding services, Unit 5 Manor farm, Poyle Road, Poyle, Slough, SL3 0BL to inform us of your decision to cancel your order by a clear statement (setting out your name, geographical address, order number and, where available, your telephone number and an e-mail address). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
• If you cancel the Contract under this clause 5, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please take reasonable care of the goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you.
• We will make the reimbursement without undue delay, and not later than -
  1. 14 days after the day we receive back from you any Goods supplied, or
  2. (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
  3. if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.
• We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
• You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods.
• If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection. We charge a flat fee of £3.45 for collection.
• The right to cancel does not apply to the following kind of contracts:
  1. Contracts for the supply of Goods that are made to the Consumer's specifications or are clearly personalised.
  2. Contracts for the supply of Goods which are liable to deteriorate or expire rapidly.
  3. Contracts for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  4. Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items (such as paint).
  5. Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; and
  6. Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
• We offer a goodwill guarantee to our UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 15.2).

Refunds Policy

• 16.1 If you are exercising your right to change your mind in accordance with Clause 5:
• 16.11 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
• 16.12 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost or free but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
• 16.13 Where the product is a service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

• 16.2 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
• 16.21 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 5.
• 16.3 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind, subject to the following
• 16.31 When you return Goods to us:
• 16.3.1.1 which are outside the terms of Clause 5 and are returned in-store, via the Website or otherwise and are incorrectly supplied, provided the Goods are returned as new in their original packaging, these items shall be refunded, exchanged or replaced if they are returned within 14 days of date of purchase of the Goods and proof of purchase is supplied; and
• 16.3.1.2 for any other reason (outside the terms of Clause 5), we will examine the returned Goods and will either notify you in-store (if the Goods were bought from one of our branches and returned to our branch only), in writing or via e-mail within a reasonable time of the refund (if any at all) to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation. The Goods must not have been used (such as any smell of without limitation fuel, toxins or rubber shall invalidate any refund due to you) and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty Conditions

• 16.4 We will pay the costs of return:
• 16.4.1 if the Goods are faulty or mis-described [as per clause 15];
• 16.4.2 if you are ending the Contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
• 16.4.3 on occasions, in accordance with Clause 5.

• 16.5 "Special Order" means any Goods that are not held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request. Payment in full is required for such Special Orders at the time the Special Order is placed with us. Special Orders that are manufactured specifically as per your request are non-refundable except at our sole discretion or if the Contract is cancelled as per the terms of Clause 5. In such instance only ECP reserves the right to apply a restocking fee of 25% of the price of the Special Order, which shall be deducted from any refund due to you.
• 16.6 We will normally refund any money received from you using the same method originally used by you to pay for your purchase.

Data Protection

• We will use personal information you provide to us:
  1. to supply the products to you;
  2. to process your payment for the products; and
  3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
  4. We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
  5. We will only give your personal information to [other] third parties where the law either requires or allows us to do so.