Legal

GENERAL TERMS AND CONDITIONS OF SALE - THE AGREEMENT
All orders are accepted subject to the following terms and conditions:
Please read the wording of this Agreement carefully as it contains the terms and conditions (‘the Conditions’) upon which Energy Tuning Ltd (‘Us’/‘We’/‘Our’) contracts with you (‘You’/‘Your’/‘Yourself’) for the sale of the Goods. In this Agreement, ‘Goods’ means the goods which We supply to You in accordance with the Conditions. 'Transaction processor' means the company we use to process your credit or debit card payment on our behalf;

1 Ordering
1.1 You shall make an order by telephone, facsimile, or via our websites.
1.2 Where an order is made by telephone, We do not require written confirmation of such an order. If You do send written confirmation of an order please ensure that the order is clearly endorsed ‘confirmation’. Failure to so endorse the confirmation will result in the order being duplicated. You will then be responsible for settlement of the duplicated order in full. If the duplicated order is not required it will be subject to Our terms under clause 6 ‘Returns’ below.
1.3 All orders which are accepted by Us shall be subject to these Conditions.
2 Payment & Refunds
2.1 Payment is due at the time of submitting the order and by making a payment, you agree that you have accepted these terms of business.
2.2 Payments for Internet orders are processed on our behalf by a Transaction processor. We do not have access to your card details if you pay online as these are not provided by the transaction processor.
2.3 There are no additional charges for payment by any method.
2.4 Telephone orders are accepted and by quoting your credit or debit card details to us, you are agreeing to us authorising and charging your credit/debit card account with the amount of the transaction. If the transaction fails we will contact you by phone within 24 hours (usually within 3) We will not charge your card without your express consent.
2.5 Prices quoted are inclusive of VAT at the prevailing rate and current at the time of going to press where applicable. Whilst every endeavour will be made to maintain them at their present low level we reserve the right to effect changes without prior notice (including, in particular, in the event of exchange rate variations & vat rate).
2.6 Refunds will only be made to the credit or debit card account the original payment was taken from and will not exceed the amount of the original transaction, but maybe less if we have had to make a charge for refurbishment in accordance with the terms of section 8 - Warranty. Costs incurred in shipping your order such as postage and packing are not refunded unless we sent the wrong items.
2.7 Monies will be refunded promptly but the refund may take several days to arrive in your account. This is outside our control.
3 Ownership of the Goods
3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when You have paid cash or cleared funds in payment of all sums owing to Us in respect of the Goods.
3.2 Until payment has been received You must store the Goods in such a way that they are clearly Our property.
3.3 Until ownership has passed to You We retain full legal and beneficial title to the Goods and reserve the right at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith upon Our request, to enter upon any of Your premises or of any third party where the Goods are stored and repossess the Goods.
3.4 Nevertheless You shall be entitled to sell the Goods either in their original state or incorporated into other products acting as Our agents but in these circumstances the title to the Goods shall remain with Us, and You shall remain fully accountable for the proceeds of the Sale thereof.
3.5 If your payment is subject to chargeback by your credit card provider or bank at any time after delivery, the title to the goods will remain us until they are returned. If the good are not returned. and having proof of delivery to your address, we may commence legal action to recover either the goods or the amount originally invoiced.
4 Despatch of Goods and Delivery
4.1 We shall despatch Goods by Royal Mail First Class 'Signed For'. Special Delivery or Carrier to UK based customers (for Export see paragraph 5).
4.2 Goods are normally despatched within 3 days of receipt of order subject to availability. Special Delivery* does not imply same day despatch, though we always aim for same day despatch where possible. * it is used as provides insurance cover above the limit of £40 of Signed For and is also a guaranteed next day service. (subject to Royal Mail's terms and conditions)
4.3 Carriage, unless otherwise shown, is extra and will added to your basket at the checkout.
4.4 All delivery methods will require a signature upon delivery. Tracking number will be available upon request.
4.5 Time for delivery shall not be of the essence of this Agreement. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused and You hereby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of any late delivery of the Goods.
4.6 We shall endeavour to notify you by email or telephone if a protracted delay in delivery of an item is expected.
4.7 Goods are only despatched to the card holders registered address. We may if requested by You in writing, despatch to a place other than the cardholders address but accept no liability for non delivery.
4.8 You must contact us within 10 working days of placing the order if you have not received it (UK only)
5 Export We do not market our products outside of the UK but will supply for personal import. see para 5.1-5.3
5.1 Freight and insurance is charged extra at cost and goods will be sent only by Royal Mail International Signed For Delivery or Royal Mail Airsure with insurance to the value of the goods.
5.2 The transit time is outside of our control and maybe subject to customs delays. Please allow up to 30days.
5.3 We only ship outside of the UK for personal import and it is entirely a matter for you to ensure that the goods imported do not contravene local laws and regulations.
5.4 You are liable for any customs duty, import taxes or local taxes that may be levied.
6 Returns & 30 day money back guarantee.
6.1 Other than Goods returned under warranty in accordance with clause 8 or for shortages or damages reasons, goods may be rejected and returned within 7days under the terms of the Distance Selling Regulations. However, ordinarily, we will accept goods returned for refund within 30 days of the date of delivery .
6.2 Any item returned for refund must be in as-new condition and returned postage paid. If the item is damaged a charge of up to 10% of the item selling price may be levied to cover refurbishment and testing. Costs incurred in shipping your order such as postage and packing are not refunded.
6.3 If there are shortages or damages to the Goods occurring in transit, you must notify us 7 days from the date of delivery, giving full details of any such shortages or damages and You must return the Goods to Us together with all packaging. Within that time all parcels delivered to You in a damaged condition should be returned to Us forthwith.
6.4 In all cases where the Goods are to be returned You must advise us prior to their return and quote the delivery note, invoice or payment transaction number. Costs incurred in shipping your order such as postage and packing are not refunded.
6.5 Where We accept that there has been a shortage in Goods dispatched or the Goods have been damaged in transit, We shall replace such Goods at the previously invoiced price.
6.6 Order Cancellation: On no account can cancellation be accepted for items ordered specially by Us on Your behalf or produced to your specific requirements.
7 Copyright, Design, Trademarks and Patents
7.1 Products offered for sale may be the subject of patents, copyright, design, trade mark or other intellectual property rights. We make no representation or warranty as to whether Your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such rights. Without limiting the generality of this statement, We do not grant nor purport to grant to You any licence, permission or authority in respect of such rights and You acknowledge and agree to satisfy Yourself in respect of such matters. We accept no liability for infringement of any such rights.
7.2 Reproduction in part or whole of any documentation, catalogue or web page or part thereof without Our prior written consent is strictly prohibited.
7.3 All brands are the property of Energy Tuning Ltd and are trademarks whether or not registered with the IPO. You may not attach or appropriate these to any other product without risk of legal action for damages under 'passing off' legislation. Such action may be commenced by us at a time of our choosing. False claims about our products such as any being a copy are Malicious Falsehoods under Libel Law and perpetrators are open to legal action for damages. Any such claims made apparently anonymously on social networking sites & forums will not prevent us from taking such action.
8 Warranty
8.1 Unless otherwise specified and subject to clauses 8.2 and 8.3, the Goods are guaranteed free from defect caused by faulty materials or workmanship for a period of twelve months from the date of despatch (the ‘Guarantee’). Some item may have a longer guarantee period up to 5 years or longer and this will be stated in the item description. Where not stated, the guarantee will be 12months or the minimum required by statute.
8.2 The Guarantee in clause 8.1 is given provided that:
(a) We are promptly notified in writing upon discovery by You that the Goods are defective due to faulty materials or workmanship;
(b) the Goods in question to which the claim refers are returned to Us within the relevant guarantee period, suitably packed, carriage prepaid and accompanied with proof of purchase (delivery note, invoice or payment transaction number) and details of the nature of the defect; and
(c) examination by Us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in clause 8.3(b)(i) to (iv) below.
8.3 We are not liable under this Guarantee:
(a) if the total price for the Goods has not been paid by the Due Date; or
(b) for any defect arising from:
(i) fair wear and tear, wilful damage, negligence, misuse, failure to install in accordance with the instructions, or repair of the Goods without Our approval
(ii) any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
(iii) any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or
(iv) any use of the Goods which is not in accordance with the manufacturer's operating or user instructions or from any failure to service or maintain the Goods in accordance with the manufacturer's instructions.
8.4 The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods.
8.5 Software programs are supplied by Us on the strict understanding that the licensor/supplier of the software does not guarantee the contents of the software to be free from errors, bugs or omissions.
8.6 Our liability under the Guarantee shall be limited to replacing, repairing or issuing credits at Our option for any Goods returned within the Guarantee Period.
8.7 Your statutory rights are not affected by the terms in this document.
9 Limitation of liability
9.1 Subject to clauses 9.3 and 9.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In particular We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. We endeavour to ensure that the information in our documentation and web pages is accurate but claims as to performance are quoted as an example and not are guaranteed. You acknowledge and agree that You have relied upon Your own skill and judgement in selecting the Goods and deemed them suitable for their intended use by You.
9.2 Subject to clauses 9.3 and 9.4 and to the Guarantee given in accordance with clause 9 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct, indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.
9.3 Clauses 9.1 and 9.2 do not apply where You deal as a Consumer in accordance with section 12 of the Unfair Contracts Terms Act 1977 and to the extent that that such exclusion is not permitted in accordance with the provisions that Act. Your statutory rights remain unaffected by anything in these Conditions.
9.4 We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.
9.5 We do not assume any responsibility whatsoever for any engine faults, the diagnosing of such faults, the direct or indirect consequences of said faults that may occur or arise at any time after the fitting of one of our products. PLEASE DO NOT AUTOMATICALLY ASSUME ANY ENGINE FAULT MUST BE CAUSED BY OUR PRODUCT.
9.6 Our approved installers are not employed by Energy Tuning Ltd, they are independent business' and therefore responsible for their own road risk, professional indemnity, public liability and any other insurance cover needed to carry out the job. Energy Tuning Ltd make every effort to ensure that an approved installer has the skills needed to carry out installations but are in no way liable for any defective workmanship carried out by an approved installer. In cases where our products are supplied and or fitted by an approved installer then your contract is with the installer, not Energy Tuning Ltd.
10 Data Protection Act, security & privacy
10.1 Information provided to us will only be used to manage your account.
10.2 Your financial data such as credit / debit card information is not stored in any form on our computer system and is not accessible to us once approved by the transaction processor.
10.3 We undertake never to disclose any of your details to a third party except as required by law and requested by the authorities.
10.4 We do not send out marketing or other emails, nor will we pass on your email address to any third parties.
10.5 Every effort is made to ensure the security of our computer system and to prevent unauthorised access by third parties.
11 Miscellaneous
11.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated, without prior notice, as part of Our continuous process of product and service improvement, or to improve product availability. The information contained in our documentation and web pages is correct to the best of Our knowledge at time of going to press. All images are used for illustration purposes only and all trade marks acknowledged.
11.3 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
11.4 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
11.5 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
11.6 We reserve the right to randomly monitor and record inbound and outbound calls.
11.7 No delay, neglect or forbearance on the part of either party in enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder.
11.8 If Health and safety data is not supplied with all products further information is available upon request.
11.9 This Agreement shall be governed by and construed in accordance with the laws whose courts shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with it.
(c)ENERGY TUNING LTD E&OE 2013 Updated Nov 2013

Address:

Energy Tuning Ltd
13F Armstrong Court
Freeman Way
Ashington
Northumberland
NE63 0YE

Tel: 08455 39 39 69