Terms & Conditions
Apart from the definitions the terms and conditions outlined in this document are split into 4 key areas as follows:
A. Use of Website.
B. Privacy policy.
C. Disclaimer
D. Procurement of Goods and / or Services
1.0 Definitions
1.1 In these terms and conditions the following definitions apply.
1.2 “PorscheXperts” is the trading name and trading style of “Sideline Design Ltd”
1.3 “PorscheXperts”, “Sideline Design Ltd”, “we” or “us” refers to the owner of the website whose registered office is “51 Tallon Road, Brentwood, Essex CM13 1TG” and the provider of services whose main trading outlet is “51 Tallon Road, Brentwood, Essex CM13 1TG”
1.4 “http://www.PorscheXperts.com” is the website unique resource locator (URL) of “PorscheXperts”
1.5 “You,” “the client,” “the customer” means the person(s), Business(es) procuring the services from “PorscheXperts.”
1.6 “Deposit” means the fee required by “PorscheXperts” for the purposes of purchasing goods or services from “PorscheXperts.”
1.7 “Vehicle Owner” means the person(s) who is the legal owner of the “Vehicle”
1.8 “Authorised person,” means the person(s) who is legally entitled to act on behalf of the “Vehicle Owner”
1.9 “Confidential Information,” means any data of a private nature held by “PorscheXperts”
1.10 “After market,” refers to any part which is not an original Porsche part.
1.11 Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.12 The headings contained in these terms and conditions are for convenience and do not affect their interpretation.
2.0 The Contract
2.1 By accessing, browsing and/ or continuing to browse and use the “PorscheXperts” website, and by browsing in our any of our retail outlets, requesting quotations or procuring goods and / or services from “PorscheXperts”, you are agreeing to comply with and be bound by these terms and conditions.
2.2 By procuring goods and / or services from “PorscheXperts” you are entering into a purchasing agreement or legal contract with “PorscheXperts.”
2.3 Any person(s) procuring goods or services from “PorscheXperts” must be either the “Vehicle Owner” or an “Authorised Person”
2.4 By procuring goods or services from “PorscheXperts” you are identifying yourself as the “Vehicle Owner” or an “Authorised Person.”
2.5 We reserve the right to change our terms and conditions from time to time. Amended terms will be posted on our website for “the Client’s” perusal.
2.6 These terms and conditions contain the entire agreement between the parties and unless otherwise agreed in writing by a director of “Sideline Design Ltd” these Terms and Conditions prevail over any other terms of business or purchase conditions put forward by “the client.”
2.7 No variation or alteration to these terms and conditions shall be valid unless the details of such variation are submitted by a director of “Sideline Design Ltd”
2.8 The length of the contract terms is dependant on the total time taken to complete the work for “the client” and length of any warranty supplied for any labour and parts provided to “the client” by “PorscheXperts” and the total time for the purposes of the contract shall be taken as the later finishing date of the two.
Section A - Use of Website
3.0 The use of this website is subject to the following terms of use
3.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice
3.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3.3 It is a condition of us allowing you access to the information on the “PorscheXperts” website that you accept we will not be liable for any action you take relying on the information from this website. “PorscheXperts” will not be liable if your use of materials or information from the “PorscheXperts” website results in the need for servicing, repair or correction of equipment or data, “you” assume any costs relating to the above. “PorscheXperts” reserves the right to charge for access to certain information on the website. “PorscheXperts” will inform you where a charge will be incurred by you for accessing certain services or information on the “PorscheXperts” website.
3.4 If your PC does not support relevant technology including but not limited to encryption you may not be able to use certain services or access certain information on the “PorscheXperts” website.
3.5 You may not mirror any material contained on the “PorscheXperts” website or any other server without “PorscheXperts”’s prior consent.
3.6 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. 3.7 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, logo, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
3.8 All trademarks reproduced in this website, which are not the property of “PorscheXperts”, or licensed to the operator, are acknowledged on the website.
3.9 Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
3.10 From time to time this website may also include links to other website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website. We have no responsibility for the content of the linked website.
3.11 You may not create a link to these website from another website or document without “PorscheXperts”’s prior written consent.
3.12 In a few areas on the “PorscheXperts” website we ask you to provide information that will enable us to use this information that you provide us with to help keep you informed of our latest products and services after your visit to the “PorscheXperts” website. It is completely optional for you to participate. The information you provide on this website may be held and used by us for any of the following purposes: orders and/or accounts, dealing with enquiries or complaints, crime and fraud prevention, marketing our products and services or (subject to any objection or preference you may indicate when submitting your personal details to us via this website for sending information to you about our products and services from time to time. In addition, we may use information about you provided by credit reference agencies to help us make credit decisions and prevent fraud.
3.13 We may disclose your information to other group companies, including their respective partners, agents and sub-contractors, for any of the above purposes. In addition we may disclose your information to credit agencies and to other people in relation to enquiries concerning the prevention and detection of fraud or crime, or the apprehension or prosecution of offenders or as may be required by law or legal proceedings.
3.14 You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to “PorscheXperts” or any of its customer or users of the “PorscheXperts” website by any means including the use of the “PorscheXperts” website services for persistently sending unsolicited communications without reasonable cause.
3.15 The service is accessed via the World Wide Web, which is independent of the service and “PorscheXperts”. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. “PorscheXperts” has no responsibility for any information or service obtained by you on the World Wide Web.
3.16 “PorscheXperts” excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any information and the value and integrity of goods and services offered by third parties over the “PorscheXperts” website service. You acknowledge that we have no control over and we exclude all liability for any material on the World Wide Web, which can be accessed by using the “PorscheXperts” website service.
3.17 We may suspend or vary the whole or any part of the service offered by the “PorscheXperts” website for any reason at any time at our sole discretion.
3.18 “PorscheXperts” reserves the right to vary the terms of this contact from time to time. Such variations becoming effective immediately upon posting of the varied contract on the “PorscheXperts” website. By continuing to use the “PorscheXperts” website services you will be deemed to accept such variation.
3.19 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Section B - Privacy Policy
4.0 This privacy policy sets out how ““PorscheXperts”” uses and protects any information that you give ““PorscheXperts”” when you use this website.
4.1 ““PorscheXperts”” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website; you can be assured that it will only be used in accordance with this privacy statement.
4.2 ““PorscheXperts”” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 17/01/08.
4.3 What we collect
We may collect the following information:• name and job title
• contact information including email address
• demographic information such as post code, preferences and interests
• other information relevant to customer surveys and/or offers
What we do with the information we gather:
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
• We may use the information to customise the website according to your interests.
Security
4.4 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
4.5 A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
4.6 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
4.7 Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
4.8 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
4.9 Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
4.10 You may choose to restrict the collection or use of your personal information in the following ways:
4.10.1 whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
4.10.2 If you have previously agreed to let “us” use your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected]
4.10.3 We will not sell, distribute or lease your personal information to third parties unless we have your express permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
4.10.4 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Data Protection Controller, Sideline Design Ltd, 51 Tallon Road, Brentwood, Essex CM13 1TG
4.10.5 If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Section C - DISCLAIMER
5.0 The information contained in this website is for general information purposes only. The information is provided by ““PorscheXperts”” and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
5.1 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, arising out of or in connection with the use of this website.
5.2 Through this website you are able to link to other websites, some of whose back ends are not under the control of ““PorscheXperts”” but may be branded to “PorscheXperts”, and other sites that are totally beyond the control of “PorscheXperts”. The control of the sites is limited to the nature of the site. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
5.3 Every effort is made to keep our company websites up and running smoothly. However, ““PorscheXperts”” takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
Section D – Procurement of Goods and Services
6.0 This contract aims to protect all parties whenever unforeseen circumstances might arise. This document is intended to be a legal contract between the two parties “PorscheXperts” and “the Client.”
6.1 The following terms and conditions apply to all goods and / or services offered by “PorscheXperts”. By ordering any goods and / or services from “PorscheXperts” you are agreeing to the following terms and conditions:
DEVELOPMENT PROCESS
6.2 All services described herein are to be performed by us in accordance with the most commonly accepted standards and practices of the Motor and Body Shop Industry. That is to say, we will use the development technologies and modifications processes that are most universally acceptable in order to satisfy the broadest market possible.
6.3 Any quotations provided are exclusively for “the Client” named on the written quote and are based upon the information provided by “the client” and the most appropriate parts and labour available at the time.
6.4 Any further requirements or considerations put forward to “PorscheXperts” must be reviewed separately, and if become necessity, will result a replacement quote or new quote being issued.
6.5 It should also be noted that any quotations provided are valid for a period of 30 days from the date issued but may be subject to changing market prices for labour and any goods or other services.
6.6 All specifications for work will be agreed before any work is started.
6.7 A pre work commencement vehicle inspection will be carried out at which point, any exterior vehicle dents, scratches and any other exterior faults will be noted and “the Client’s” signatory will be required.
6.8 If any unforeseen faults are found in your “vehicle” after we have started work, we will inform you and advise you on the best course of action. Extra charges may be incurred as a result. In certain cases unforeseen faults may have implications to the road worthiness of the “vehicle” and it will affect the progress of the development process. If you “the client,” do not want this corrective work to be completed, you will have to accept the
vehicle without any warranty and agree to indemnify “PorscheXperts” against any action taken as a result of any consequential problems.
6.9 Once the project has been completed, future changes will be dependent on the work involved. All costs will be in-line with the original development work but shall take account of any changes in market prices for labour and any goods or other services
6.10 A post work completion, handover inspection will be carried out at which point, “the client” will be required to verify that the “Vehicle” has been returned in the same condition or better then pre work commencement.
Refunds, returns, credit notes, and exchanges
6.11 Specially ordered parts CANNOT be returned for credit.
6.12 Fuel injection and electrical parts cannot be returned for credit if supplied correct to application
6.13 A minimum handling charge of 25% will be applied on parts correctly supplied being returned for credit.
6.14 All orders/goods should be checked immediately on receipt so any shortages or damage to goods can be reported without delay.
6.15 All parts being returned for credit must be in a resalable condition, items will not be accepted if they appear to have been fitted, if any sealant grease has been applied or if the packing has been damaged.
6.16 We reserve the right to refuse exchange units which are considered to be in an unserviceable condition.
6.17 Surcharges for reconditioned parts must be paid in full upon purchase of the unit. This surcharge will be reimbursed only if, and when, the exchange part is accepted as serviceable by the relevant manufacturer.
6.18 No warranty claims will be accepted on any faulty goods returned.
6.19 Items returned for credit/exchange must be received within 5 working days of the purchase date, accompanied by a relevant invoice. No goods will be accepted without the proof of purchase invoice.
Other conditions
6.20 To meet increased demands and availability of products the right is reserved to change manufacturer, brand or component, without prior notice; purchasers should check and ensure such details at time of purchase.
6.21 Please note all parts are for standard specification European cars, please check with our sales office before ordering.
6.22 Please note that all parts and products are designed for road use unless specified otherwise.
6.23 The right is reserved to alter prices and specification without notice.
6.24 “After market” additions and modifications to “vehicles” may not be covered by your Porsche Warranty or extended Warranty. It is “the client’s” responsibility to check that directly with any organisation which has given a warranty on your “Vehicle.”
COSTS
6.25 All goods remain the property of PorscheXperts until payment has been received in full.
6.26 If it becomes necessary for “PorscheXperts” to bring any action to collect any sums due under this Agreement, it shall be entitled to collect, without prejudice to any other remedy, in addition to all damages, its costs of collection and any outstanding costs. Legal action proceeds immediately after the due date.
6.27 We, “Sideline Design Ltd,” understand and will exercise our statutory rights to interest under ‘The Late Payment of Commercial Debts (Interest) Act 1998’ if we are not paid to agreed credit terms at a rate of 12.5%.
CONFIDENTIALITY
6.28 “PorscheXperts” acknowledges that this Agreement creates a confidential relationship between “PorscheXperts” and the Client and that information concerning the Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning the Client is hereinafter collectively referred to as "Confidential Information."
6.29 “PorscheXperts” agrees to take reasonable steps to ensure that its staff and subcontractors are bound by the provisions of this clause.
6.30 This Clause shall not apply to information that is or becomes public knowledge otherwise than through the default of the party concerned, or is already in the receiving party's possession, or is legally acquired by such party from a third party, or is required by law to be disclosed.
6.31 “PorscheXperts” is fully compliant with the data protection act.
6.32 “PorscheXperts” may seek, and the Client shall not unreasonably withhold, permission to publicise “PorscheXperts” involvement with “the Client.”
COPYRIGHT
6.33 The copyright, patent, and other intellectual property rights ("IPR") in the Website of Design911 and in particular any copy, photographs, layouts, logos and products unless expressly stated shall remain the exclusive property of “PorscheXperts”.
6.34 The Client agrees that copyrights to “PorscheXperts”' work shall remain the exclusive property of “PorscheXperts”, and that it will not use as a template, sell, transfer, publish, disclose or otherwise make the contents of the website available to third parties without “PorscheXperts”' prior written consent. Any rights granted to the Client under this Agreement shall not affect XS Online exclusive ownership of the website copyright.
WARRANTY
6.35 All parts and goods sold, unless otherwise stated shall be covered by the standard manufacturers warranty.
6.36 “PorscheXperts” will correct any faults incurred as a result of its negligence at no cost to the client.
6.37 “PorscheXperts” will offer standard guarantees on any labour carried our on the “the client’s” “vehicle”.
6.38 The Client will pay at “PorscheXperts” standard daily fee rates for all time spent on investigating submitted 'faults' that are established to be correctly functioning.
WARRANTY on original Porsche parts
In recent months the warranty procedure has changed for original Porsche parts.
We offer our customers the manufactures warranty, original Porsche parts warranty is covered by the UK official Porsche centre dealer network.
If an original Porsche part is found to be faulty the garage or the purchasers of the part will need to take the vehicle with the faulty part installed to a UK official Porsche centre to have the item diagnosed and or replaced by the official UK Porsche centre. The garage or the purchasers will also need to provide proof of purchase.
As the warranty process is taking place at a local UK official Porsche centre it does not cover any expenses, this mean your garage labour or fitting costs are not covered.
If the original Porsche part is taken outside of the country where it was originally sold Porsche will not cover the item under warranty. You are also, not covered for any postage, delivery or freight costs. There is no cover for refunding any local import duty or taxes you may have paid.
LIABILITY FOR LOSS OR DAMAGE
6.39 “PorscheXperts” shall not be liable to the Client for loss of profits, goodwill or any type of special, indirect, incidental or consequential loss (including but not limited to loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or “PorscheXperts” had been advised of the possibility of the Client incurring such loss; and
6.40 “PorscheXperts” shall have no liability in respect of any product or services to be supplied by the Client or any third party.
6.41 Save as expressly provided herein, all other terms and conditions, warranties or representations whether expressed or implied (by statute or otherwise) relating to the Solution and the supply of the Solution or imposing liability on “PorscheXperts” is hereby excluded.
6.42 “PorscheXperts” will guarantee the safety of “the Client’s” “Vehicle” while it is in our care.
FORCE MAJEURE
6.43 Neither party shall be liable for any delay in meeting or for failure to meet its obligations under the agreement due to any cause outside its reasonable control including (without limitation) Acts of God, war, riot, malicious act of damage, fire, flood, acts of any government or public authority, failure of the public electricity supply, failure of any telecommunications service provider, failure or delay on the part of any sub-contractors beyond its reasonable control or the unavailability of materials. Further, “PorscheXperts” shall not be liable for any such delay or failure resulting from a request by the Client for any change made to the supply of the design service being provided.
6.44 If “PorscheXperts” is prevented from meeting its obligations due to any of the aforesaid causes it shall notify the Client of the circumstances and the Client shall grant a reasonable extension for the performance of the Agreement.
6.45 “PorscheXperts” reserves the right to change, or amend these terms and conditions at any time, without prior notice. We will however inform any clients who may be affected by these changes.
Communication
6.46 Any notices given by “PorscheXperts” by post or email are deemed to be delivered at noon the next day after posting.
Law
6.47 Governing Law English applies to these terms and conditions.