Terms & Conditions

Terms & Conditions

These terms and conditions together with the documents referred to in them (“Terms”) tell you the basis on which we will supply our goods (“Goods”) and services (“Services”) to you.  Please read these Terms carefully before ordering any Goods or Services from us.  By ordering any of the Goods or Services, you agree to be bound by these Terms.

Please Note:  These Terms only apply to “Consumers” (i.e. you are not a business, trade, profession or acting in the capacity of a director, sole trader or partner). As a Consumer, a summary of your key rights are set out at clauses 4.1 and 20. 

In particular, we draw your attention to clause 23 below where we limit our liability to you.

You may wish to retain a copy of these Terms for future reference or the Terms can also be found online at www.rpsautos.com (“Website”)

ABOUT US
 
  1. The Goods and Services (and/or the Promotions and Incentives as per clause 9 of these Terms) are provided by RPS Auto Parts Ltd t/a RPS Autos.  
  2. We are registered in England and Wales and have our registered office and main trading address at Unit G07, Regent 88, 210 Church Road, London, United Kingdom, E10 7JQ.
  3. Our company number is 15624076.
  4. Our company is in accordance with the Companies Act 2006.
ABOUT YOU
  1. By placing an order with us, you warrant that:
    1. you are a Consumer;
    2. you are at least 18 years old and legally capable of entering into binding contracts;
    3. the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading; and
    4. you are fully aware of our Terms.
  2. You acknowledge that clause 20 of these Terms does not apply unless you are purchasing Goods and/or Services by mail order or from our Website or mobile app (excluding click and collect and some WS Goods and/or WS Services (as defined in clause 3.1)) as a Consumer (in other words, other than in the course of a business, trade or profession);
APPLICATION
  1. These Terms apply to all Consumer sales of Goods and/or Services provided by us to you, except where it is expressly stated in the provisions that they shall apply to Goods and/or Services provided by WS only (“WS Goods” and/or “WS Services”).
  2. If there is a conflict between the WS provisions and any other provisions within these Terms, the WS provision(s) will prevail unless those WS provisions conflict with current legislation. Please note, your statutory rights are not affected.
  3. These Terms are incorporated into the supply of Goods and/or Services (“Contract”) to the exclusion of all other terms and conditions.  They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
  4. No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative. 
GOODS AND SERVICES
 

  1. We are under a legal duty to supply Goods and Services that are in conformity with these Terms. To assist you, please see the box below for a summary of your key legal rights in relation to Goods and Services. Nothing in these terms will affect your legal rights. 

    Summary of your key legal rights

    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
    The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Goods your legal rights entitle you to the following:

      (i)    up to 30 days: if your item is faulty, then you can get a refund.  

      (ii)    up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.  

      (iii)    up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.   
    If your product is Services, the Consumer Rights Act 2015 says:

      (iv)    you can ask us to repeat or fix a Service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.

      (v)    if you haven’t agreed a price in advance, what you’re asked to pay must be reasonable.

      (vi)    if you haven’t agreed a time in advance, it must be carried out within a reasonable time. 

  2. If you are purchasing Goods and/or Services via our Website or our mobile app, subject to clause 20 of these Terms, the Contract will come into existence and be legally binding when your order is accepted by us by way of the earliest of:

      4.2.1    our despatch of the Goods;

      4.2.2    our written acknowledgement of your order (by email only);

      4.2.3    we start performing the Services. 

  3. If you purchase Goods and/or Services by any means other than via our Website or mobile app, subject to clause 20 of these Terms, the Contract will come into existence and be legally binding when your order (however it is placed) is accepted by us by way of the earliest of either:

      4.3.1    our written acknowledgement of your order (by email only);

      4.3.2    delivery or collection of the Goods (as applicable); or 

      4.3.3    we start performing the Services.  

  4. Each order for Goods and/or Services placed by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these Terms.  Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate Contract.
  5. We may contact you to inform you that we are unable to accept your order for any of the following non-exhaustive reasons:

      4.5.1    the Goods and/or Services are no longer available;

      4.5.2    we are unable to authorise your payment; 

      4.5.3    there has been a mistake regarding the pricing or description of the Goods and/or Service (including the expiry of any promotion);

      4.5.4    it is illegal for us to sell and/or for you to purchase the Goods and/or Services ordered;

      4.5.5    our right to limit the number of any given Good and/or Service which can be purchased by an individual customer;

      4.5.6    by reason of clause 10.2.2 

  6. We do not offer advice to customers in respect of the suitability of any Goods or Services.
  7. You may amend your order at any time prior to our acceptance by contacting us using the details found on the Help Centre page on our Website, and we will use our reasonable endeavours to comply with your request. However, there may be certain circumstance in which we will be unable to amend your order. Your rights of cancelation are set out at clause 20.
  8. You agree that it is your responsibility to ensure that you have ordered the correct Goods and/or Services from us and that the Goods and/or Services are suitable and fit for the purpose(s) they are intended to be used for by you.
  9. If we are unable to supply the Goods and/or Services ordered, we may offer to substitute such Goods and/or Service with alternative goods of equivalent or matching value and quality. We will use our reasonable endeavours to notify you of such substitution, upon which you will be entitled to refuse to accept such substitutes or request a full refund. Where there are alternative Goods and/or Services offered by us, you are wholly responsible for ensuring it is the correct Goods and/or Services or part and of its suitability for your application. Unless we expressly state otherwise, in writing, we do not provide any advice in this regard and shall not be held responsible for any such suitability.
  10. You further agree and must ensure that the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading. We shall not be held responsible for any inaccuracies incomplete or misleading information you provide to us.
  11. All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter (“Product Information”) are intended only to present a general idea of the Goods and/or Services described in them and the images of the Goods on the Website or mobile app or otherwise are for illustrative purposes only.
  12. We reserve the right to deliver Goods of a modified design to that of the Product Information provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
  13. The Goods will conform in all material respects to the Product Information. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
  14. We cannot guarantee that the appearance and/or colours of Goods (including without limitation paint) shown on the Website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves. Natural products may show some colour variations against your vehicle colour (whereby such vehicle colour may have been distorted e.g. due to weather conditions). Where we agree to provide a specifically mixed paint product, you agree to check the accuracy and suitability of such product and use in accordance with any manufacturer’s guidance and instructions provided. 
  15. Please note that tools used to identify mixed paint products via printed samples or the manufacturer’s identification code or electronically analysed either through the Website, mobile app and/or in-store (“Colour Identification Tools”) indicate the approximate colour of the product only, and are not representative of other characteristics such as the quality, durability or sheen of the eventual product purchased.
  16. We recommend that you apply the mixed paint product (refer to clauses 4.14 and 4.15 above) to a test card or small inconspicuous area of bodywork first in order to compare to the actual surface to be painted, before undertaking your vehicle bodywork, and use in accordance with the manufacturer’s instruction and/or guidance. 
  17. In these Terms, “Special Order” means any Goods that are not held in stock by us (a non-stock item which may include some WS Goods) and are therefore ordered and/or manufactured specifically as per your request.  
  18. We retain all copyright and title to all documentation relating to Goods delivered to you by us.  This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
  19. Technical specifications are approximations unless specifically stated otherwise.
  20. You will not remove, alter, deface, obfuscate or tamper with any of the trademarks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so as appropriate action may be taken by us (or the manufacturer) against you for such infringements.
  21. If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
  22. We prohibit the audio or video recording of any of our professional or technical Services, or training and consultancy without our prior written consent. We may record telephone conversations for training and monitoring purposes; any recordings will be processed in accordance with our Privacy Notice, a copy of which can be found at https://www.rpsautos.com/privacy-policy.
  23. Certain Goods are subject to legally prescribed age restriction. If you are placing an order for Goods that by law, we are only permitted to sell to customers who are 18 years of age or older, then by clicking the order confirmation button, you are also confirming to us that you are 18 years of age or older, and you must verify your age to us. You further acknowledge and consent to us taking steps to verify your age by reference to publicly available third-party sources. We reserve the right not to supply age-restricted Goods where we believe that you are below the relevant minimum age.
SUPPORT AND MAINTENANCE
  1. The provisions of this clause 7 will only apply if the Services purchased by you include the provision of support and maintenance services
  2. We will provide you with such technical advice by telephone, e-mail and web access during our normal business hours for the duration of the period for which you purchase such Services (“Cover Period”) as is reasonably necessary to resolve your difficulties and queries in using such goods supplied to you and identified by us. The objective of this service is to provide an initial advice and guidance service. It is not a substitute for management consultancy, project management, implementation control, system consultancy, or product training and is available only to your competent trained employees.
  3. You will:

      7.3.1    provide us with such information, assistance and facilities as we may reasonably require to enable us to perform the Services set out in this clause 7; and

      7.3.2    direct all enquiries for technical advice to our helpdesk number notified to you from time to time.   

  4. Such support and maintenance services do not apply:

      7.4.1    to the extent that you failed to follow any instructions relating to the operation, use and maintenance of the Goods (and where you install the Goods, instructions as to installation of the Goods);

      7.4.2    to the extent that the query arises from user incompetence, abuse, improper use or use in an environment or for a purpose for which the Goods were not designed or intended; 

      7.4.3    if you or other third party alters or repairs the Goods without our written consent; or

      7.4.4    to the extent that the query is attributable to third party materials including any equipment to which the Goods are incorporated which is not provided by us. 

  5. In respect of any support and maintenance required for matters within the scope of clause 7.4, you will pay any additional charge levied by us, at our then prevailing rates, for such support and maintenance services.
  6. The support and maintenance Services referred to in this clause will run for the Cover Period and will (unless terminated earlier in accordance with these terms) continue thereafter unless or until terminated by either party serving no less than 90 days’ prior notice on the other, such notice to expire on the last day of the Cover Period or subsequent anniversary thereof.  We reserve the right to vary the fee payable for such Services on or before each anniversary of commencement of the Cover Period.
PRICES
 
  1. Subject to clause 10.2, the price(s) of the Goods and Services will be as quoted in our Product Information or any other marketing literature from time to time except in cases of error (see clause 10.2.2).  The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
  2. For Goods and/or Services purchased via our Website or mobile app, the price you pay is the price displayed on this Website or mobile app at the time the Contract comes into effect in accordance with clauses 4.2 and 4.3 apart from the following exceptions:

    10.2.1    Whilst we try and ensure that all our prices on our Website and mobile app are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered, we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid;

      10.2.2    Please note that the prices payable for Goods and Services in-store may vary from those stated on our Website or mobile app. 

  3. We list prices as both inclusive and exclusive of VAT.  All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
  4. Unless otherwise specified, price of the Goods does not include the cost of delivering the Goods to you. The delivery costs (if any) will be quoted at the time you place your order for Goods (and are set out on our Website and mobile app). The entire cost of any other mode of transport or any special deliveries other than the standard delivery service we offer, will be borne by you, as will delivery to locations outside of the United Kingdom.
  5. No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
  6. In addition to the provisions of clauses 10.1 and 10.5 above the following clauses 10.7 to 10.8 shall apply to WS Goods and/or WS Services only.
  7. Unless otherwise specified, the price is exclusive of delivery (and return) and installation. The cost of delivery to you (and any return) and carrying out of any Services and installation of the Goods will be wholly borne by you. 
  8. We reserve the right by written notice to you before completion of the Contract to vary the price of the Goods and/or Services to take into account increases in costs including (without limitation) the costs of any materials, carriage, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
PAYMENT
 
  1. Payment of Goods and Services will be made in full to us without deductions or set-off in cash/credit or debit card/PayPal account (subject to PayPal’s terms and conditions)/ bank transfer when an order is placed. 
  2. For orders made via our Website or mobile app, your credit/debit card or your PayPal account (as applicable) will be charged when we have processed your order.
  3. Payments by credit or debit card will only be accepted where the card holder is present in person at our premises or where the card in question has been verified on our Website or mobile app, subject to clause 20. We may also need to take additional security steps via the relevant card issuer.
  4. Payment in full is required for Special Orders at the time the Special Order is placed.
  5. Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or installation), if you fail to pay the invoice price by the due date to us we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis in accordance with the County Courts Act 1984 and require you to indemnify to us for all costs and expenses (including legal costs) incurred in the collection of any overdue amount. 
  6. If you only make a part payment towards any invoice or for any debts owed to us or our Group of Companies then we are required to allocate your payment in equal proportions to the amounts outstanding and you cannot choose how the payment is allocated. We may at our sole discretion apply the money that you have paid against invoices raised or debts due to us in the order in which they occurred (being against the oldest debt first). 
  7. We do not generally accept cheques as a means or form of payment. However, all cheques provided to us by customers are approved for acceptance by our appointed agents. In the event of a cheque not clearing and/or being represented or returned to the drawer, our appointed agents shall contact you and will charge a fee of a minimum of £75 for each cheque so returned to cover bank charges and administration costs. Our agents may apply additional charges and/or vary their charges from time to time and any charges applied will have to be paid by you. To avoid the aforementioned charges, we advise that you have the sufficient and cleared funds in your account when making any payment to us. Any cheques that are presented to us shall be scanned and all information stored pursuant to our Privacy Notice.
FULFILMENT
 
  1. If you have purchased Goods via our Website or our mobile app, you will have the choice to have your order fulfilled by us using one of the options under this clause 13, or have your order delivered to you pursuant to clause 14.
  2. If we are unable to fulfil your purchase by your chosen method, we will advise you as soon as possible. We shall incur no liability for any failure to fulfil your purchase using your chosen method. 
  3. We reserve the right to remove any of fulfilment option at any time, whether temporarily or permanently. 
  4. Nothing in this clause affects your legal rights as a consumer.
DELIVERY
 
  1. We may use a third-party carrier to deliver Goods. Our delivery options are available to view on our Website or mobile app and the cost of our delivery options will be displayed on our website.
  2. The Goods (except for WS Goods) are delivered to you when we make them available to you at a delivery point agreed by us. You are responsible for ensuring that somebody will be available to take delivery of the Goods.
  3. Time of delivery will not be of the essence and any delivery date provided by us is an estimate only.  We will use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late, following which you will receive a full refund within 14 days of such cancelation. This clause 14.3 sets out your only remedy for such delay.
  4. The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
  5. Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
  6. Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us (and where appropriate, to the carrier) within 7 days of their delivery.  Provided that you return such Goods to us in accordance with clause 21, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 14.6 set out your sole remedy in such circumstances.  
  7. Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you, or left the Goods in a safe place or delivered the Goods to your neighbour and/or our appointed carriers have obtained a signature for the delivery of the Goods (from any of the above (where applicable), such claim must be notified by you to us within 7 days of their expected delivery. We shall then liaise with our carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc.) or any third party. Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding. The provisions of this clause 14.7 set out your sole remedy in such circumstances.  
  8. We may at our discretion deliver the Goods by instalments in any sequence.  Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods. 
  9. If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery, then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the reasonable loss suffered.
  10. Notwithstanding clause 20.3, if you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without limiting any other right or remedy available to us, we may at our absolute discretion:

      14.10.1    store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of the failed delivery and aborted installation costs, storage, re-delivery and installation costs; or 

      14.10.2    sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract. 

  11. PLACE YOUR ORDER BY MIDNIGHT FOR NEXT-DAY DELIVERY : Valid on products marked as available for Express Home Delivery and is subject to stock availability. To redeem this offer select Express Delivery at the Checkout before midnight Monday-Thursday. GB Mainland postcodes only; excludes Highlands, Islands & Ireland. Delivery charges apply. All purchases are subject to RPS Auto Parts Ltd t/a RPS Autos standard conditions of sale.

UNLOADING
 
  1. It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us otherwise in writing. We will inform you in advance if any special means will be required to unload the Goods at your premises.
CONSUMER RIGHTS – RIGHT TO CANCEL
 

A.     This clause only applies if you are a Consumer AND purchasing Goods and/or Services by mail order or from our Website or mobile app. 

B.     Where you purchase Goods in-store or use our click and collect facility, your purchase will take place in-store and this clause shall not apply.

C.     This clause shall also not apply to some WS Goods and/or WS Services due to their Special Order (defined in clause 21.7) nature.

  1. In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel a Contract (subject to clause 20.8 below) for any item bought on the Website or mobile app for a full refund (except for certain WS Goods) within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the Good(s). 
  2. To exercise the right to cancel, you can contact us using the details found on the Contact Us page on our Website to inform us of your decision to cancel your order by a clear statement (setting out your name, geographical address, order number and, where available, your telephone number and an e-mail address). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 
  3. If you cancel a Contract under this clause 20, we will reimburse to you all payments received from you, including the costs of delivery (except in the case of WS Goods and for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please take reasonable care of the Goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied to you, if the loss is the result of unreasonable and/or unnecessary handling of the goods by you. 
  4. We will process any refunds in accordance with clause 21. 
  5. Where possible we will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund, subject as set out elsewhere in these Terms. We may withhold refund until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest. 
  6. You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods. 
  7. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection. We charge a flat fee of £3.45 for collection, except for the collection of WS Goods, which will be charged by us or our agents on a full indemnity basis.
  8. The right to cancel does not apply to the following kind of contracts:

      20.8.1    Contracts for the supply of WS Goods and/or WS Services;

      20.8.2    Contracts for the supply of Goods that are made to the Consumer’s specifications or are personalised; 

      20.8.3    Contracts for the supply of Performance Goods as further detailed at clause 18;

      20.8.4    Contracts for the supply of Goods which are liable to deteriorate or expire rapidly; 

      20.8.5    Contracts for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; 

      20.8.6    Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items (such as paint); 

      20.8.7    Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which are unsealed after delivery; and

    Our Goodwill Guarantee 

  9. Right under the Consumer Contracts Regulations 2013
    14-day period to change your mind. 

    How our goodwill guarantee is more generous
    60-day period to change your mind for purchases via our Website and mobile app only.  
    This 60-day period does not apply to WS Goods, Performance Goods or Special Order goods.

  10. You may also cancel an order for Services within 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
TERMINATION AND SUSPENSION
  1. We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under these Terms or any Contract or any other agreement with us occur.   
  2. On the termination of any Contract for any reason:

      24.2.1    we will not be obliged to supply any Goods and Services ordered by you unless already paid for; 

      24.2.2    all payments payable to us under all Contracts will become due immediately upon termination of any one Contract despite any other provision; and

     

      24.2.3    you will indemnify us against all costs, (including any court, legal and other professional costs) losses or damages incurred by us arising directly or indirectly from any legal liability. 

  3. The termination of any Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.
  4. Subject to the provisions of these Terms, orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
ANTI – BRIBERY
  1. 25.1    You shall:

      25.1.1    comply with all applicable and relevant laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010; 

      25.1.2    not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK; 

      25.1.3    not induce or reward us or any of our directors, officers, representative, contractors or personnel to perform or improperly perform a function or activity in connection with these Terms or any Contract;

      25.1.4    not directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a function or activity in connection with these Terms or any Contract, other than where a bona fide promotions and/or incentive is run by us (see clause 9 for further details on such promotions and incentives);

      25.1.5    if you are a business, organisation, partnership, limited liability partnership or a company, have and maintain in place throughout any Contract your own policies and procedures including but not limited to adequate procedures under the Bribery Act 2010 to ensure compliance with the same and to enforce where appropriate;

      25.1.6    promptly report to us any request or demand for any undue financial or other advantage of any kind received by us or our directors, officers, representative, contractors or personnel or any undue financial or other advantage of any kind given by us in connection with the performance of any Contract.

  2. Without prejudice to clause 24.1, we may terminate the supply of any Goods or Services to you forthwith if you breach any of the provisions of clause 25.1 above. 
  3. Both parties shall comply with The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 and any other anti-money laundering laws that shall come into effect from time to time.
FORCE MAJEURE
 
  1. We will not be liable for any failure in the performance of any of our obligations under these Terms or any Contract caused by factors outside our control as determined solely by us. 
COMPLAINTS
  1. If you have any questions or complaints about any Goods or Services supplied by us, please contact us using the details found on the Help Centre page on our Website.  Alternatively, if the Goods or Services were purchased from one of our stores, please speak to one of our staff in-store who should be able to assist you.
  2. In the event you complain cannot be resolved in accordance with clause 27.1, or you are unhappy with outcome of your complaint, we will provide you with details of how to proceed at the appropriate time.
LAW AND JURISDICTION
 
  1. These Terms and any Contract to which these Terms apply will be governed by English law and you consent to the exclusive jurisdiction of the English courts in all matters regarding it. 
NOTICES
  1. Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, by facsimile transmission (the latter confirmed by post), by email (evidence confirming the same by post) or by any other means which any party specifies by notice to the other. 
  2. Each party’s address for the service of notice will be:

      29.2.1    Us – the address specified in clause 1.2 or such other address email address as we specify by notice to you; and

      29.2.2    You – the address and email address given to us at the time an order is placed with us.  

  3. A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted if via email once it has been transmitted. 
  4. This clause shall not apply to the service of legal proceedings which must be served by post to our registered office address.
DATA PROTECTION
 
  1. Our Privacy Notice and Cookie Policy explains what personal information and personal data we collect about you, how that personal information/data is used, what your rights are, how we use, protect and disclose your information, legal basis for processing your information, information relating to cookies and data retention when you use the Website and mobile app. You can view both our Privacy Notice by visiting: https://www.rpsautos.com/privacy-policy Please note that when you agree to these Terms it shall be deemed that you have read and understood our Privacy Notice in their entirety. 
GENERAL
 
  1. Each of our rights or remedies under these Terms is without prejudice to any other right or remedy that we may have whether under these Terms or not.
  2. If any provision of these Terms or any Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable, and the remaining provisions of these Terms and any Contract, and the remainder of such provision, will continue in full force and effect.
  3. Failure or delay by us in enforcing or partially enforcing any provision of these Terms will not be construed as a waiver of any of our rights under these Terms.
  4. Any waiver by us of any breach of, or any default under, any provision of these Terms by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other Terms.
  5. Save as for any of our Group of Companies which shall be entitled to enforce for its own benefit any of the provisions in these Terms which expressly or by implication apply to or confer a benefit on it, neither of us intend that any these Terms will be enforceable by any person that is not a party to it, by virtue of the Contracts (Rights of Third Parties) Act 1999.
  6. Subject to clause 32.8, each Contract is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract or deal in any other manner with any or all of its rights and obligations under any Contract without the prior written consent of the other party such consent not to be unreasonably withheld or delayed. 
  7. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
  8. We may assign, transfer or subcontract any or all of our rights and obligations under any Contract to a member of our Group of Companies without any requirement to obtain consent from you. 
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