Terms of Sale
1. ABOUT THESE TERMS
1.1 These terms and conditions (Terms) set out the terms on which you can purchase Automotive Products (Goods) through our website https://xhype.co.uk (Website). You must accept these Terms for us to provide the Goods to you. By purchasing one or more of our Goods, you confirm that you accept these Terms and you become legally bound by them.
1.2 Please read these Terms carefully. These Terms tell you who we are and other important information. They describe how we sell our Goods, set out your rights and responsibilities and tell you what to do if there is a problem. These Terms also limit our liability.
1.3 Some of these terms only apply if you are purchasing Goods as a consumer. This means that you primarily use the Goods for personal use (and will not use our Goods for commercial, business or resale purposes). Terms that only apply to consumers will be marked clearly.
1.4 By purchasing our Goods, you are agreeing to these Terms. If you do not agree to these Terms, you must not purchase our Goods.
1.5 Please note that we reserve the right to update, change or replace any part of these Terms at our sole discretion. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
1.6 We will collect some personal data about you in order to process your order (e.g. your name, email address,
payment details and delivery information). For information regarding how we process personal data, please see our Privacy Policy.
1.7 These terms cover the terms and conditions if you purchase Goods via the Website. For information regarding access to and use of our Website, please see our Website terms of use.
2. WHO ARE WE?
2.1 We are XHYPE GROUP LTD, registered in England and Wales with company number 14731632 whose registered address is International House 10 Beaufort Court, Admirals Way, London, E14 9XL (we/us/our). Our VAT number is 438951459.
2.2 We are Automotive Products and in the business of selling Automotive Products.
2.3 If you have any questions about these Terms, please contact us using the details below:
Email: support@xhype.co.uk
Phone: 0800 4488 645
3. PLACING AN ORDER
3.1 To purchase one or more of our Goods, you need to place an order on our Website.
3.2 Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 The order will only be accepted when we send you a written acceptance of the order by email, at which point a contract between you and us will be created that is subject to these Terms. We will then send you a shipping confirmation email to let you know once your order has been dispatched.
3.4 We reserve the right to accept or reject any order at our discretion. If we are unable to accept your order, we will notify you as soon as possible.
If you are a consumer:
3.5 By placing an order, you confirm that you are an individual who is:
3.5.1 at least 18 years old; and
3.5.2 a resident in the UK.
3.6 If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
4. DESCRIPTION OF OUR GOODS
4.1 Descriptions of the Goods are as set out on our Website.
4.2 Whilst we display the colours of the Goods, as accurately as possible, there may be minor variations between the images as they are displayed on the Website and the Goods you receive. In particular (but without limitation), we cannot guarantee that your computer’s display of the colours will reflect the colour of the Goods.
4.3 When providing our Goods to you, we promise that:
4.3.1 we will provide our Goods to you in accordance with these Terms;
4.3.2 we will comply with all applicable laws;
4.3.3 our Goods will conform with the description set out in the order;
4.3.4 our Goods will be free from material defects;
4.3.5 our Goods will be of satisfactory quality.
4.4 All weights, sizes and measurements set out on our Website are as accurate as possible but there may be a small tolerance of up to 1%.
5. DELIVERY
5.1 We will deliver your selected Goods to you according to your chosen delivery method, as set out in our email confirmation to you. A list of our delivery charges can be seen when placing an order. The cost of delivery will be as displayed to you on our Website when you place the order.
5.2 While we make every effort to deliver our Goods to you on your chosen delivery date or as soon as reasonably possible and in any event within 30 days of accepting your order, time of delivery is not guaranteed.
6. PRICE AND PAYMENT
6.1 The price for our Goods will be shown on the Website and as set out in your order (Price). The Price is exclusive of VAT.
6.2 Prices for our Goods may change at any time. This will not affect existing orders unless:
6.2.1 the information you provided us in relation to your order was materially different from the information we required in order to provide the Goods (for example, measurements, weights etc.); or
6.2.2 there has been an error on the Website regarding the pricing of any of our Goods and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order.
6.3 We will charge the Price to the credit or debit card that you have provided at the time we accept the order. All amounts due must be paid in full in advance.
6.4 All credit card and debit card payments need to be authorised by the relevant card issuer.
6.5 We use a third-party payment provider Stripe to process payments on our Website.
7. YOUR RIGHTS AS A CONSUMER
This clause 7 only applies where you purchase Goods from us as a consumer.
7.1 You have 14 days from the date of your order confirmation email to change your mind and cancel your order. This does not apply to perishable products, bespoke or personalised products, or any products that have a protective or hygiene seal if that seal has been broken.
7.2 To cancel your order, please email us at support@xhype.co.uk. You can manage and view your orders from the Account area.
7.3 To help us process your cancellation more quickly, please have your order details ready or include it in the email or cancellation form you send to us.
7.4 If you have already received your order, you must return the products to us within 14 days of telling us that you want to cancel your order. The deadline is met if you send or bring the products back to us before the 14-day period has expired. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the products back from you or until you have provided us with evidence that you have sent the products back (whichever is earlier).
7.5 Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products. You are responsible for the products while they are in your possession.
7.6 Unless your products are faulty or misdescribed, you are responsible for the cost of returning the products to us. For more information, please review our Refund & Returns Policy.
7.7 Once we have received the returned Goods and are satisfied that they are in new and unused condition, we will provide you with a full refund (including basic delivery charges) as soon as possible. If you cancelled your order before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to us, we will issue the refund no later than 14 days after the day we receive the products back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the products back.
7.8 We will issue your refund to the same payment method you used when you placed your order.
7.9 For more detailed information on your consumer rights, visit the Citizens Advice website at www.citizensadvice.org.uk/consumer or call 0808 223
1133.
8. IF THE GOODS ARE FAULTY
For more information, please review our Refund & Returns Policy.
Where the Goods or deliverables do not meet their descriptions:
If you are a consumer:
8.1 The Goods that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you.
8.2 During the expected lifespan of the Goods, you are entitled to the following:
8.2.1 Up to 30 days: If your product is faulty, you can get an immediate refund.
8.2.2 Up to 6 months: If the product cannot be repaired or replaced, then you are entitled to a full refund in most cases.
8.2.3 Up to 6 years: If the product does not last a reasonable length of time, you may be entitled to some money back.
8.3 If you have returned the Goods to us because they were faulty or misdescribed, we will refund the Price and the delivery costs to you on your original payment method promptly upon receiving the Goods.
8.4 If your Goods are faulty or misdescribed, please contact us as soon as reasonably possible.
If you are a business customer:
8.5 You must notify us in writing within 14 days of receipt of the Goods and any deliverables setting out the nature and extent of the faults or defects;
8.6 You are responsible for the cost of returning the Goods to us; and
8.7 We shall, at our option, remedy the fault with the Goods or refund (in whole or in part) the Price for the Goods.
9. YOUR OBLIGATIONS AND RESTRICTIONS
9.1 You agree that:
9.1.1 you will provide complete and accurate information when placing an order;
9.1.2 you are responsible for making sure that the information you provide us in order to enable us to provide the Goods is correct;
9.1.3 you will comply with these Terms, and any other documents referred to in it, when placing an order for Goods; and
9.1.4 In reading and accepting these Terms, you are aware of and understand your rights and responsibilities, and if you are not sure, you have contacted us on our Contact page for help or more information.
10. OUR RIGHT TO END THE CONTRACT
10.1 We may terminate any and all contracts we have with you at any time by contacting you in writing if:
10.1.1 you commit a serious breach of these Terms;
10.1.2 you do or take part in anything illegal when using our Website or purchasing our Goods; or
10.1.3 you fail to pay any amount due under a contract on the due date.
10.2 You can cancel your order under clause 7 (your rights as a consumer) or clause 8 (if the goods are faulty).
10.3 Our right to terminate does not affect any of your rights.
11. OUR LIABILITY TO YOU
11.1 We are not liable to you for any losses you incur where the Goods are delayed or cannot be delivered because you fail to make information available to us or fail to provide us with adequate instructions or information to allow us to deliver the Goods.
11.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. If we are affected by an unforeseeable event, we will promptly write to you to let you know if this means we are unable to fulfil the contract.
11.3 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
If you are a consumer:
11.4 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
11.5 We are not liable to you for any losses you incur where the Goods are delayed or cannot be performed because you fail to make the delivery location available to us, or fail to prepare the location as required for us to provide the Goods, or fail to provide us with adequate instructions or information to allow us to perform the Goods (for example, failure to provide measurements).
If you are a business customer:
11.6 Subject to the below, our liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the price for the Goods paid by you.
11.7 We will not be liable to you under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
11.7.1 consequential, indirect or special losses; or
11.7.2 any of the following (whether direct or indirect):
11.7.3 loss of profit;
11.7.4 loss or corruption of data;
11.7.5 loss or corruption of software or systems;
11.7.6 loss or damage to equipment;
11.7.7 loss of use;
11.7.8 loss of opportunity;
11.7.9 loss of savings, discount or rebate (whether actual or anticipated); or
11.7.10 harm to reputation or loss of goodwill.
11.8 Where we have failed to provide you with the Goods or some or all of the materials described on your order, we shall only be liable up to the limit of the price paid by you for the Goods.
12. OUR INTELLECTUAL PROPERTY RIGHTS
12.1 You agree that we and our licensors own all intellectual property rights in the Goods. These Terms do not grant you any rights to any intellectual property rights in the Goods.
12.2 You must not use our trade marks or our tradenames on your website or in any marketing materials without our express written consent.
13. FEEDBACK AND COMPLAINTS
13.1 We welcome any feedback about our Goods. We hope that you are satisfied with any purchase you make with us, and we are always keen to hear about ways to improve our Goods. If you have any comments, please let one of our sales assistants know, or submit these to support@xhype.co.uk.
13.2 If you do have any complaints, please submit them to support@xhype.co.uk and we will aim to deal with these swiftly.
14. GENERAL
14.1 You are not allowed to transfer your rights or obligations under these Terms to anyone without our prior written consent. We may transfer our rights and obligations under these Terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
14.2 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms will not be affected.
14.3 If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
14.4 Under this contract, notices must be in writing and sent to the other party’s address or email address, as set out in the order confirmation. Letters sent in the United Kingdom will be deemed delivered 3 business days (excluding English Bank Holidays), after sending. Emails will be deemed delivered the same day (or the next business day, if sent on a non-business day or after 5pm on any business day at the recipient’s location).
14.5 Our contract with you and these Terms represent the entire agreement between us and replace any terms and conditions of purchase or supply that you have been provided with previously.
14.6 Our contract with you and these Terms and any dispute or claim arising out of them will be governed by, and interpreted in accordance with, the laws of England and Wales and the parties agree that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims.
If you are a consumer and live in either Northern Ireland or Scotland, you can choose to bring a claim in England and Wales or in the courts of another part of the United Kingdom in which you live.
