Terms of Purchasing Goods Online from DAVEFAB.com
These terms describe the agreement between DaveFab Limited (we, us, our) and the Customer (you). Please read these terms & conditions carefully. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions.
1. These Terms
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are good, services or digital content.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or require any changes, please contact us to discuss.
2. Who we are and how to contact us
2.1 Who we are. We are DaveFab Limited, a company registered in England and Wales. Our company number is 10036618. Our registered office address is Fairacre, North Newnton, SN9 6JT. Our workshop is located at Plummers Farm, 16 Patney Road, Chirton, SN10 3QT. We are VAT registered and our VAT registration number is GB263201540
2.2 How to contact us. You can contact us by telephoning us on 07502 222587, e-mailing us at email@example.com or writing to Fairacre, North Newnton, SN9 6JT.
2.3 How may we contact you. If we have to contact you we will do so by telephone or by writing to you are the e-mail address or postal address you provided to us in your order.
2.4 “Writing” includes e-mails. When we use the words “writing” or “written” in these terms, this includes e-mails.
3. Our Contract With You
3.1 How we will accept your order. Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us. Given the bespoke nature of our work, this will be after full authorisation of payment has been obtained.
3.2 If we cannot accept you order. If we are unable to accept you order, we will inform you of this in wiring and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We use a ‘back-order’ system, and if a part is not in stock we will advise you immediately with an expected delivery date. Back-orders will automatically be dispatched if stock becomes available within 30 days of your order. For orders where stock becomes available after 30 days we will contact you to check that the component is still required. Please advise us if this will not be satisfactory. Product availability is subject to change without notice.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We sell worldwide. All prices include VAT but exclude postage and packing. For international shipments the customer is responsible for any local import duties and taxes that may be charged, as well as all postal fees. These additional charges are not reflected in prices advertised by DaveFab Limited.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated will be different.
All product descriptions are provided in good faith. Any and all product claims assume a comparison with an unmodified standard vehicle in original factory specification.
4.2 Product Packaging may vary. The packaging of the product may vary from any images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have provided you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting us.
5. Your Rights to Make Changes:
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end the contract).
6. Our Rights to Make Changes:
6.1 Minor changes to the products.
The products we sell are hand fabricated and therefore may differ slightly in appearance from images and descriptions give.
7. Providing The Products:
7.1 Delivery Costs. The costs of delivery will be provided to you when confirming the details of your order, or be displayed to you on our website, depending on your shipping address.
7.2 Local Important duties and taxes. The Customer is responsible to pay for any and all taxes and duties. The displayed prices are exclusive of all taxes and duties.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products for you.
- a) If the products are goods. We will deliver them to you as soon as reasonably possible. All offers are subject to stock availability.
We use a ‘back-order’ system, and if a part is not in stock we will advise you immediately with an expected delivery date. Back-orders will automatically be dispatched if stock becomes available within 30 days of your order.
For orders where stock becomes available after 30 days we will contact you to check that the component is still required. Please advise us if this will not be satisfactory. Product availability is subject to change without notice.
- b) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process. This is subjects to change dependant upon the product and third parties.
- c) If the products are ongoing services. We will supply the services and/or goods until either the services are completed or you end the contract as described in Clause 8 or we end the contract by written notice to you as described in Clause 10.
7.3 We are not responsible for delays outside of our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4. Collection by you. If you have asked to collect the products from our premises, you can collect them from us at a time previously agreed with us. Visitors are strictly by appointment only.
We will not accept payment via Paypal where goods are collected in person. If goods are to be collected they must be paid for in person in Cash.
7.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the postal service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We are not liable for any actions or omissions on the part of the postal service.
7.6. If you do not re-arrange delivery or collect the goods. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- a) we have refused to deliver the goods.
- b) delivery within the delivery deadline was essential, taking into account all the relevant circumstances and you told us before we accepted the deliver that the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9. Ending the Contract for Late Delivery. If you do choose to treat the contract as at an end for late delivery under Clause 7.7 or Clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods.
If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or contact us to arrange return of the items.
7.10. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you, or a courier organised by you, collects it from us.
7.12 When you own goods. You own a product which is goods once we have received payment in full.
7.12 What will happen if you do not give us required information. We may need certain information from you so that we can supply the products to you, for example, the registration date of your car. If so, this will have been stated in the description of the products on our website or requested from you directly. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- a) deal with technical problems or make technical changes;
- b) update the product to reflect changes in relevant laws and regulatory requirements;
- c) make changes to the product as requested by you or notified by us to you (see Clause 6).
7.14. We will suspend supply of the products if you do not pay. Due to bespoke parts, we cannot commence production until payment is received.
For other products, If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts.
We will contact you to tell you we are suspending supply of the products.
We will not suspend the products where you dispute the unpaid invoice (see Clause 12.6). We will not charge you for the products during the period for which they are suspended.
As well as suspending the products we can also charge you interest on your overdue payments (see Clause 12.5).
8. Your Rights to End the Contract:
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a) If what you have bought is fault or misdescribed you may have a legal right to end the contract or get the product repaired or replaced. Please see clause 11.
b) If you want to end the contract because of something we have done or have told you we were going to do see clause 8.2
c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.7 or 8.8.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 7.8).
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014, are explained in more detail in these terms. You have the right to cancel this contract within 14 days without giving any reason. To exercise this right, you must inform us of your decision to cancel this contract by a clear statement (for example an email or letter sent by post). Components must be returned to us in resaleable condition. A fee will be deducted from any refund should the goods have been used or handled beyond what is considered acceptable to inspect them and decide on their suitability.
8.4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by DaveFab Limited of Fairacre, North Newnton, SN9 6JT to its customers, which is more generous than your legal rights under the Consume 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 11.2).
If you are not completely satisfied with the goods you have bought please return them to DaveFab Limited within 30 days of delivery at the address below. Please contact us using the details provide to explain the reason for the return.
We will provide a full refund, providing the goods are returned to us in as new condition in their original packaging.
Unfortunately we cannot refund costs associated with installation or removal or shipping costs for the return of the components. This policy does not affect your UK statutory rights.
8.5. When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
- a) services, once these have been completed, even if the cancellation period is still running;
- b) Unfortunately we cannot refund costs associated with installation or removal or shipping costs for the return of the components. This policy does not affect your UK statutory rights.
8.6. Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation.
A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know.
The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund compensation for the net costs we will incur as a result of your ending the contract.
9. How to End the Contract with Us (Including if you have changed your mind):
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following;
a) E-mail us at firstname.lastname@example.org Please provide you name, home address, details fo the order, phone number, e-mail address and reason for cancellation.
b) Online. Complete the contact form on our website.
c) By post. Write to us at DaveFab Limited, Fairacre, SN9 6JT, including details of what you bought, when you ordered or received it and your name and address.
9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or allow us to collect them from you.
Please call or email us at email@example.com to arrange return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
We will provide a full refund, providing the goods are returned to us in as new condition in their original packaging.
9.3 How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we will make deductions from the price, as described below.
9.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
a) 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 is inappropriate. 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.
b) 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 but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c) 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.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
a) 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 product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our Rights to End the Contract:
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you, as compensation, for the net costs we will incur as a result of your breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product:
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us or write to us at firstname.lastname@example.org
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
For detailed information please visit the Citizens Advice website www.adviceguide.org.
12. Price and Payment:
12.1 Where to find the price for the product. The price of the product (which excludes postage and VAT/any other taxes/duties) will be the price indicated on the order pages when you placed your order.
We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the product you order.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.3 When you must pay and how you must pay. We accept payment via paypal or cash. When and how you must pay depends on what product you are buying and whether you are collecting the product.
a) For Goods you must pay for the products before we make them, so at the time of order. We will not commence work until payment has been authorised.
b) For Services you must pay 50% for the fitting of any component when you order and the remaining 50% when you collect the vehicle. In any case you must pay each invoice within 14 calendar days after the date of the invoice.
c) For delivery items payment is accepted by paypal.
d) For collection items payment is cash only.
12.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our Responsibility for Loss or Damage Suffered by You:
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.2 OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
13.3 Warranty. We do offer warranty. Please note: WE DO NOT OFFER A WARRANTY ON PARTS THAT ARE FITTED TO VEHICLES THAT ARE USED IN MOTORSPORT, COMPETITION, ROAD RALLY OR TRACK EVENTS. FOR THESE PURPOSES, THE BUYER ASSUMES ALL RESPONSIBILITY THAT THE COMPONENTS ARE FIT FOR USE.
13.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information:
14.1 How we will use your personal information. We will use the personal information you provide to us:
a) to supply the products to you;
b) to process your payment for the products’ and
c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. Other Important Terms
15.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.3 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.