Terms & Conditions

Introduction

This document sets forth the terms and conditions governing the supply of products, both goods and services, from Xotic Car Parts. It is imperative that these terms are meticulously perused prior to placing an order with us. These terms expound upon our identity, our supply modalities, contractual alterations, redressal mechanisms for grievances, and other salient information. If any discrepancy is discerned within these terms, kindly establish contact with us for clarification.

Identity of the company

The website xoticcarparts.com is a digital platform facilitated by Xotic Group, a legal entity incorporated under the State of Nevada. Our principal place of business is situated at 7015 Corporate Plaza Drive, Ste 170, Las Vegas, NV 89118.

If necessitated to establish communication with you, we shall employ either telephone or written mediums, utilising the contact details you furnished during the order placement.

In this document, the terms “writing” or “written” also encapsulates electronic mail.

1. Terms of engagement

• Our affirmation of your order is contingent upon your acquiescence to the stipulations herein. If your order features pre-printed conditions, such provisions shall be honoured provided they do not conflict with our stipulated terms and conditions. An order is deemed accepted either upon our written acknowledgment or consequent to the delivery of goods.
• Should we be incapacitated to honour your order, you will be promptly intimated, and no financial charge shall be levied. Such incapacity may arise from stock unavailability, unforeseen resource constraints, price or product description inaccuracies, or an inability to meet stipulated delivery timelines.
• We retain an unequivocal right to modify these terms and conditions at our discretion. It is incumbent upon users to peruse these terms during every website interaction.

2. Financial terms

• Despite our assiduous efforts to maintain consistency in our quoted prices, we reserve the right to amend them, reflecting prevailing rates at dispatch time. Prices are enunciated in United States Dollars (USD) and are exclusive of taxes, barring specific exceptions.
• For all online procurements, the definitive price is the one displayed during order acceptance, save for:
  • In the event of inadvertent price inaccuracies, we will duly intimate you. We are not bound to supply products at erroneous lower prices and reserve the right to rescind your order. In scenarios where communication proves untenable, the order will be deemed nullified.
• Prices can deviate in physical stores vis-a-vis online listings or promotional content unless explicitly stated. We reserve the right to revise prices, factoring in intrinsic business costs.
• All quotations rendered are valid for a 7-day duration unless specified otherwise.
• Delivery charges, if applicable, are enumerated during order placement. No credit shall be granted for goods personally retrieved from our premises or via third-party logistics.

3. Product specifications

• All product-related data disseminated by us, whether through application lists, catalogues, descriptions, or other mediums, aims for accuracy but is intended for illustrative purposes. The onus lies on the customer to verify product suitability. 

4. Intellectual property rights

• We disclaim responsibility for any patent or copyright infringements arising from designs provided by our suppliers or customers.

5. Order fulfilment 

• Notwithstanding our diligent efforts to execute orders submitted by you, we shall not be in violation of this agreement or be liable for any delay or failure in performing our obligations herein if such delay or failure arises from circumstances beyond our reasonable control, including but not limited to industrial disputes, shipping disruptions, fires, warfare, and similar events. Under such circumstances, you shall have no right to any claim for damages or losses against us.

6. Payment provisions

• Payment is due at the point of shipping unless there is a prior agreement, endorsed in writing by a Director, to establish a credit account.
• We accept payments via VISA, MasterCard, American Express and Bank Transfer.
• We shall only recognise card payments made through our website once the respective payment card is verified. Should verification be impossible, we reserve the unilateral right to annul any order without prior notification.
• Should you default on any payment by the stipulated date, we reserve the right to impose interest on the overdue amount at a rate of 4% per annum above the prevailing base lending rate of the Bank of America. Such interest will accrue daily from the due date until full payment is made. This clause applies pre-judgement and post-judgment. Overdue amounts shall be paid with the applicable interest.
• Should you dispute an invoice’s accuracy, notify us immediately. Pending dispute resolution, no interest will be levied. Once settled, interest on duly invoiced sums will accrue from the initial due date.
• In instances of partial payment towards any invoice or debt, we reserve the right to apply the payment first to the earliest outstanding sums.
• Should a cheque be dishonoured, we reserve the right to levy an administrative fee covering associated costs.
• By utilising our services, you acknowledge and agree that:
  • Our third-party payment processor, will charge you via the selected payment method at checkout;
  • You will provide accurate and current personal information;
  • We may use third-party tools and services to facilitate transactions; and
  • Additional fees imposed by your bank or card issuer are solely between you and the said institution, and we bear neither responsibility nor influence over such charges.

7. Delivery and transfer of ownership

• Delivery will be facilitated by our appointed courier, unless otherwise indicated.
• Orders placed through the website will attract carriage charges as specified during order placement.
• For orders involving large or oversized items, we may need to verify the shipping cost with our courier partner before finalizing your order. In these cases, we’ll temporarily hold your order and notify you of the confirmed shipping charges via email within 24 hours of placing the order. We’ll proceed with processing the order only after receiving your approval of the total cost, including shipping. Payment will be processed once you have agreed to the provided shipping cost.
• The risk of the goods transfers to you upon physical delivery or when they are made available for your collection at a mutually agreed location.
• Delivery dates are approximate, and time is not of the essence. Should a delay exceed 30 days beyond our stipulated timeframe, you reserve the right to terminate the order without any liability towards us.
• In the event of unsuccessful delivery due to your absence, a notice will be left detailing redelivery or collection procedures.
• Failure to arrange for delivery post an unsuccessful attempt may incur storage and redelivery charges. Should we fail to contact you after reasonable attempts, the contract may be terminated.
• Non-receipt claims must be lodged within 7 days post the anticipated delivery date.
• Our dispatch records shall be the definitive proof of delivery, barring conclusive evidence to the contrary.
• In the event of delivery default on your part, we may cancel, suspend, or reschedule the delivery, and you will be liable for any incurred losses.
• You are responsible for ensuring appropriate equipment and processes are in place for offloading goods from our vehicles.

1. The title of the goods remains with us until full payment is received for all goods under this agreement or any other contracts between us.
2. You may, in the regular course of business, handle goods in which we retain the title, under the following conditions:
3. Such sale will transfer our property on your behalf.
4. Payment received by us will first be applied to goods you have sold.
5. Until ownership transfers, you will act as our bailee, storing goods distinctly and maintaining their condition, whilst ensuring they are insured on our behalf.

• At our discretion, non-delivery claims will either result in replacement or a credit note issued within a reasonable period.
• You hereby affirm and acknowledge that, upon receipt, it is your duty to diligently inspect both the product and its packaging at the time of delivery to ensure that no damage has been sustained during transit. Should there be any visible damage or defects attributed to the shipping process, you recognize and accept your obligation to decline acceptance of the delivery at that precise moment.
• Claims of discrepancies in product descriptions should be lodged within 2 days of receipt. Returns in line with clause 11 may result in a refund, credit, or replacement at our discretion.
• For non-deliveries involving our appointed carriers, claims should be submitted within 7 days of the expected delivery date. Investigations may be conducted with the carriers within a reasonable timeframe. Decisions on refunds, replacements, or credits will be conveyed within 14 working days from the claim’s initiation.

8. Product warranty 

• Products are supplied and warranted in line with the manufacturer’s specifications. Any product found and acknowledged by the manufacturer to be defective during the warranty period due to material or fabrication faults will be either replaced or credited in full at our discretion. We expressly disclaim any liability for consequential damages or costs arising from such defects, and no reparations or modifications will be accepted without our prior consent.
• For warranty claims, written notification along with a detailed warranty form stating the defect and pertinent vehicle information is mandatory.
• The allegedly defective product must be returned to us for the manufacturer’s evaluation. The manufacturer’s assessment shall be conclusive, terminating any further obligations on our part.
• Claims are subject to examination either by us or the manufacturer. If required, additional details or inspection of the defective product may be requested.
• A warranty does not cover defects caused by wear and tear, intentional damage, negligence, mishandling, abnormal conditions, improper installation, incorrect product order, or disregard for the manufacturer’s guidelines.
• Any provided warranty is non-transferable.
• Warranty coverage begins on the product delivery date. Replacement of goods within the warranty timeframe does not extend or renew the warranty period.
• Prior to product installation and within 7 days, any intent to terminate the contract per Clause 9 must be communicated. Once installed, claims will be processed as detailed in Clause 8.4.
• We disclaim any liability for expenses incurred, including, but not limited to, lost earnings, travel costs, recovery fees, and damages.

9. Termination of contract

• Contract termination rights are contingent upon the product purchased, its condition, our performance, and the termination timing:
  • Faulty or misdescribed products entitle you to legal remedies, as per Clause 13.
  • Contract termination due to our actions is described in Clause 9.2.
  • For a change of heart about the product, refer to Clause 9.3. Refunds may be granted during the 3-day cooling-off period, subject to certain conditions, but this may be subject to deductions, and you will have to pay the costs of return of any goods.
• If you are ending a contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
  • We have told you about an upcoming change to the goods or these terms which you do not agree to.
  • We have told you about an error in the price or description of the goods you have ordered, and you do not wish to proceed.
  • There is a risk that supply of the goods may be significantly delayed because of events outside our control.
  • We have suspended supply of the products for technical reasons; or
  • You have a legal right to end the contract because of something we have done wrong.
• You have a right to change your mind within 7 days of placing the order and receive a refund.
• Thereafter the 7-day cooling-off period, all orders are deemed to be final.

10. How to end the contract with us (including if you have changed your mind)

• To end the contract with us, please let us know by calling our Customer Service Team via [email protected] or completing the contact form online on our website and providing proof of purchase in the form of our invoice for the original supply of such goods.
• If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us in accordance with clause 11. Unless otherwise confirmed in writing, you must post them back to us at ECOMMERCE RETURNS, Xotic Car Parts, Objazdowa 19, 43-100 Tychy, Poland or, (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind in accordance with clause 9, you must send off or return the goods within 3 days of telling us you wish to end the contract.

11. Returns
    • Goods purchased online may only be returned with our prior written authorisation and we reserve the right to deduct the appropriate handling charges or reduce the refund amount to reflect any damage or reduction in value of the goods as a result of incorrect handling or damage.
    • If you are exercising your right to change your mind in accordance with clause 9, all refunds will be issued within 14 working days from the day on which your goods arrive with us.
    • All goods that are incorrectly supplied will be refunded within 7 days, providing they are returned as new in their original packaging.
    • All goods purchased via our website will only be credited back to the original payment method.
    • Only goods returned in the same condition in which you receive them qualify for a refund, you have no entitlement to a refund if the goods returned have been used and where applicable have been removed from sealed packaging.
    • Electrical items are non-returnable unless faulty or previously agreed with us.
    • Return postage remains your responsibility unless, the goods are faulty or are incorrectly supplied, there is an unreasonable delay in delivery or because of an error on our behalf.
    • All unwanted products must be returned within 7 days from the point of delivery, goods returned after this period will be subject to the appropriate handling charges. All special-order items (“Special Order Items”) are non-refundable except at our discretion.
    • If you are responsible for return postage costs and we agree collection from yourself, you agree that we can invoice you for the direct costs to us of such collection. This will be agreed at the point of booking collection from yourself.
    • Where we are collecting goods from yourself on a mutually agreed date, you are liable for costs incurred if collection is missed or goods are not available for collection on that day.
    • Where we are liable for postage but are unable to organise a collection, you must return the goods to us via the cheapest tracked method possible and provide proof of purchase for the chosen postage. In cases where postage costs are deemed excessive, we reserve the right to refund the value of the cheapest postage method available at that time.
    • You agree to return goods in such a condition whereas no risk is posed to any employee.
    • All Special-Order items are non-returnable unless previously agreed with us. All Special-Order returns are subject to a 20% restocking fee, deductible from any refund that becomes due.
    • Where items purchased are on an exchange basis, you have 7 days to return the old unit to us. If the old unit is returned within 14 days, we will refund the ‘surcharge’ owed, provided that the item is in a condition that enables it to be remanufactured. Any goods returned outside of the 7-day period will be credited at our sole discretion.

12. Limitation of liability
    • The following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you arising out of or in any way related to the contract.
    • 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.
    • 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; and for defective products under the Consumer Protection Act 1987.
    • If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
    • We are not liable for business losses. 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.

Subject the above, our total liability to you under or connected with this contract will not exceed 100% (one hundred per cent) of the price payable for the goods for any one event or series of connected events.

13. Complaints
    • Should you hold grievances regarding the goods or services provided by our entity, we implore you to notify us post haste, enabling swift resolution.
    • Our obligations mandate the delivery of goods in strict accordance with this agreement. For a concise overview of your paramount legal entitlements concerning the product, please refer to the following. It is imperative to note that the stipulations herein do not undermine your statutory rights.

14. Promotional policy
    • All promotional endeavours, inclusive (but not restricted) to discounts, offers, codes, prize drawings, vouchers, and contests, are governed by the terms outlined herein.
    • Unless explicitly specified, promotions are exclusive to our digital platform; codes, discounts, and ‘gifts’ may not be claimed in physical locations or telephonically.
    • A singular promotion is applicable per customer, per transaction, and stands incompatible with other offers.
    • Promotions remain non-transferable.
    • We reserve unequivocal authority to terminate or decline customer participation in promotions without prior notice.
    • Utilising a promotional code signifies your consent for us to retain your personal data for future promotional correspondence.
    • Promotions remain valid within the stipulated timeframe; absent such a specification, promotions conclude within 48 hours from initiation.
    • We reserve discretionary rights to revoke orders should we deduce the promotional claim to be inapplicable for the acquired goods, ensuring diligent efforts to notify the patron.
    • Complimentary items under promotions are contingent upon stock availability; we might substitute an equivalent item at our discretion. Should orders be returned, complimentary items must revert in their pristine state. Non-compliance might result in deductions based on the recommended retail price from potential refunds.
    • Participation in promotional activities mandates consent for promotional exposure, including, but not limited to, name, imagery, and geographical details, without necessitating compensation or forewarning.

15. Product availability

• Goods are tendered based on stock levels. If we’re unable to fulfil your order, we hold the discretion to provide commensurate quality substitutes. If such substitutes are declined by you, we assume responsibility for retrieval.

16. Data protection and privacy

• We utilise the personal data entrusted by you for order fulfilment, payment processing, and—subject to your approval—for updating you on analogous products or promotions. Should you desire cessation of our marketing communications, we request immediate intimation for data excision.
• We might relay your information to external entities for credit vetting purposes. On occasions, these entities might document the verification process. We disclaim responsibility for actions or neglect by these third-party entities concerning credit validations.
• Personal data sharing with third-party entities adheres strictly to the Data Protection Act 2018.
• Telephonic engagements between our institution and patrons are not subject to recording unless consent has been previously secured.
• Specific digital services necessitate user registration, governed by approved credentials. Data furnished on our platform mandates accuracy and thoroughness.

Should you apprehend data misuse or discrepancies, we urge prompt communication on the matter.

17. Miscellaneous provisions
    • The stipulations contained herein integrate into the agreement between the parties, superseding and excluding all previous understandings and representations pertaining to the contract’s subject matter.
    • We reserve the right to assign our commitments and entitlements under this Agreement to a third-party entity without obtaining your prior consent.
    • Modifications or revisions to this Contract shall only be recognised if executed in writing and duly authenticated by both your signature and that of our authorised delegate.
    • This Agreement shall be construed and interpreted in accordance with the laws of England. Any controversies stemming from or in connection with this Contract shall fall under the exclusive jurisdiction of the English Courts.
    • All proprietary rights, including copyrights associated with documentation linked to the goods/services extended by us to you, remain our exclusive property. Such documentation is prohibited from being employed outside its originally intended purpose. We retain the right to mandate the retrieval of such documents at our discretion, at our expense.
    • Any content or materials you provide us must be devoid of:
      • Defamatory remarks, threats, or any material likely to offend, distress, or discomfort any individual.
      • Content that advocates discrimination based on gender, religious beliefs, sexual orientation, or ethnicity.
      • Any material that breaches copyrights, database rights, or trademarks.
    • You are obligated to strictly adhere to all statutes, laws, and regulations concerning anti-bribery and anti-corruption, including, but not limited to, the Bribery Act 2010.
    • The recording—both audio and video—of conversations, staff, or on-premises experts is strictly forbidden unless previously authorized in writing by us.
    • The stipulations of this Agreement are not intended to confer any enforceable rights under the Contracts (Rights of Third Parties) Act 1999.
    • You are strictly prohibited from introducing or disseminating malware, including but not limited to viruses, Trojans, or worms, on any portion of our website. Unauthorized access attempts to our website, its hosting servers, or any associated databases are forbidden.
    • You are permitted to hyperlink to our homepage, provided it does not tarnish our reputation or that of any third parties associated with us. Such linkage should not insinuate any endorsement, partnership, or affiliation with us, especially when none exists.