TERMS AND CONDITIONS
1. These terms and conditions will apply to the purchase of any goods (goods, product, item, kit) by the buyer (you, your), detailed in the ebay shop administered by Prosport Performance Ltd (we, our, us), a company registered in England and Wales under number 08169028 whose registered office is at Unit 4 Hurricane Close, Salisbury, Wiltshire, SP4 6LG.
2. These terms and conditions will be deemed to have been accepted by you when you complete a payment process for the item and will constitute the entire agreement between us and you.
3. These terms and conditions apply to the purchase and sale of Coilover Kits, Lowering Spring Kits and Wheel Spacers (product(s)) between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. These terms and conditions are in addition to and are not affected by the Consumer Rights Act 2015.
Identification data
1. Data relating to the identification of vehicles is as provided by the vehicle manufacturer. The use of trade names is solely for identification and descriptive purposes. Whilst every effort is made to accurately describe vehicle applications, variations may occur in OEM vehicle parts specifications which we may not be aware of. It is in your interest to be sure the vehicle is of standard specification and has received no previous modification(s) which may affect the installation of any of our products.
2. Specifications described are based on testing of standard production vehicles. Any modifications or variations from vehicle standard specifications may cause the result of a product installation to be different from that which is described in our advertised information. Variations will occur due to individual vehicle specifications. Changes to vehicle specifications can be implemented by the vehicle manufacturer during its production lifespan.
3. All products are designed and tested for installation in UK-specification vehicles (this means vehicles supplied by an approved UK retailer appointed by the vehicle manufacturer). Vehicles supplied to markets outside the UK may have different specifications which could affect the installation and/or performance of the product. Prosport cannot accept liability for any issue arising from attempted installation into a non UK specification vehicle or vehicle which does not comply with the manufacturer’s standard UK specification due to a modification of the vehicle (such as, but not limited to, non-original-equipment wheel and tyre combinations, body-kits, etc).
Interpretation
4. A “business day or working day” means any day other than a Saturday, Sunday or bank holiday.
5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and vice-versa.
Goods
7. The description of the goods is set out in our sales documentation (this includes, but is not limited to, trade application lists, ebay shop listings, quotations and invoices), including the Prosport web site unless expressly changed in our application data. In accepting the description of the Goods, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
8. We can make any changes to the specification of the Goods for any reason and/or requirement to conform to any applicable safety or other statutory or regulatory requirements.
Retail Price
9. The Retail Price (Price) of the goods is set out in our ebay shop and is deemed to be current at the date of your order or such other price as we may agree in writing.
10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
11. Any increase in the Price under the clause above will only take place after we have told you about it.
12. The advertised Price is inclusive of fees for transportation / delivery of the product to the address provided by you, except in cases where additional delivery charges apply.
13. In the case of deliveries to addresses in the UK (England, Wales, Scotland and Northern Ireland), the advertised price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
14. Deliveries to all international addresses (i.e., any address not in the UK) may incur additional duty or taxes at the point of entry into the destination country. By accepting these terms and conditions, you agree to pay any additional duty or tax.
Cancellation and Alteration
15. Details of the Goods as described in the clause above and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
16. Any quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 (thirty) days only from the date shown in it unless expressly withdrawn by us at an earlier time.
17. Either of us can cancel the order for any reason.
18. If the order is cancelled by the buyer after the item has been dispatched from us, a handling charge of 5% will be applicable. Any credit issued in respect of a returned item will take the handling charge into account. Delivery charge(s) will not be refundable. An exception to this clause will apply if the goods are incorrectly supplied by us based on any relevant information provided in your order.
Payment
19. You must pay the Price on placement of the order.
20. All payments must be made in British Pounds (GBP).
21. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part. Handling charges may be applied at a rate set by us on goods returned due to having been ordered incorrectly or no longer required.
Delivery
22. We will arrange for the delivery of the Goods to the address specified on your order or as provided to us previously or to another location provided in writing.
23. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8:00am to 8:00pm.
24. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
a. Store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance: and / or
b. Make arrangements for the redelivery of the Goods and will charge you for any costs of such redelivery
25. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
26. You agree that in providing a name, address and any contact details, we are authorised to pass those details on to a third-party delivery agent. Personal details may be used by Prosport only for marketing purposes. Your personal details will not be passed to any other third-party. You can opt out of receiving marketing communications at any time by contacting us.
27. In the case of International (non-UK) Deliveries, this service is provided by ebay UK's Global Shipping Program (GSP) and is subject to terms and conditions applied by ebay under the GSP scheme.
Acceptance
28. In accepting these terms and conditions you agree:
I. To have the Prosport Performance Ltd product installed by a trained professional vehicle technician who holds a motor-industry recognised qualification and has experience in carrying out performance suspension modifications.
II. Only to use the product within its advertised ranges of adjustment.
III. That the age and mileage and any modifications to the standard specification of the vehicle to which the product is installed including the removal or addition of components may affect the ride-height of the vehicle and therefore the advertised lowering effect may not be able to be achieved.
IV. That Prosport Performance Ltd cannot be held liable for any damage caused as a result of the installation of our product(s) on to a vehicle which is fitted with non-standard wheels and/or bodywork.
V. To only use the product for normal road-use, as would be understood by “Social, domestic and Pleasure + Commuting” in the sense of a declaration to an insurance company.
Limited Warranty Terms and Claims Procedure.
Definitions of words used in these terms and conditions:
The words “we, us, our” refer to Prosport Performance Ltd (Prosport)
The words “you, your” will refer and be relevant to any person wishing to make a warranty claim on a Prosport product they have purchased
The words “product, products, kit” will refer to the product you have purchased
Introduction:
All claims will be fairly treated in accordance with our terms and conditions as set out below:
Prosport products are manufactured and tested to comply with the strict standards required to achieve TUV and/or ISO certification. The certification process provides assurance that the product complies with stringent manufacturing, quality, and performance standards. The certification and the warranty are valid when:
a. the product is correctly installed only by a person who holds a recognised motor industry training certificate (NVQ, City & Guilds etc)
b. the product is adjusted, or operated, within the specified lowering range as described in the product information displayed on the Prosport Performance Ltd ebay listing.
c. the product is used only on public roads under normal road traffic conditions.
Because of the high standards required to achieve TUV & ISO certification, Prosport can provide a 24-Month warranty on the LZT-Line and 12-Months on the DZT-Line ranges of Prosport Coilover Kits. Prosport Lowering Spring Kits carry a warranty valid until the product purchaser’s ownership of the vehicle ends.
Claim procedure:
Any component which is the subject of a Warranty Claim will need to be inspected by Prosport Performance Ltd. Warranty liability will only be established after inspection of the claimed part has been carried out. The claim item will need to be sent to Prosport for inspection and testing. There are two options for progressing a claim:
1. Replacement parts can be supplied on payment of a deposit for the individual component(s). The deposit amount will be set by Prosport depending upon the particular component involved. The customer will need to arrange to send the claim item to Prosport for inspection (see return address below). If a manufacturing defect can be confirmed on inspection by Prosport, the deposit payment will be refunded within 5 working days of receipt of the claim item.
2. Alternatively, if it is possible to do so, a claim item can be removed from the vehicle and be returned to Prosport for inspection and repair or replacement if required. If no manufacturing defect exists, the supply of a replacement item will be chargeable at the retail price for the individual component, or the claim part can be returned.
In cases 1 and 2 above, a Technical Information & Claim Form (form) will need to be completed in full and before removal of the claimed part(s). The completed form must be returned with the claim part. A claim may be rejected or delayed if the form is incorrectly completed or not provided.
Additional warranty information:
The warranty provides cover for all components supplied in a Prosport product, purchased from an approved Prosport distributor, and installed by a trained professional installer, against a manufacturing defect causing failure of a component within the warranty period. The warranty period starts from the original purchase date.
The warranty does not cover: damage caused to any component due to incorrect installation procedures, damage sustained as a result of a road traffic accident, damage sustained as a result of any impact or misuse, failure due to incorrect adjustment of the product, corrosion, surface finish or normal wear and tear.
The warranty does not cover any labour costs and/or consequential damage whether directly or indirectly caused as a result of the installation of any Prosport Performance Ltd product.
Carriage charges for the delivery of the replacement parts and for the return of the claim part are not covered by the warranty.
Proof of professional installation, as described above, will be required in the event of any claim.
The warranty will be invalidated if the vehicle is used for: Racing, Rallying, Hillclimbing, Autotests, Drifting, Track Days or any other competitive Motorsport.
Please make sure that ALL information requested by Prosport is provided, this will help to make sure any claims are dealt with efficiently. If any requested information is missing, it can delay the claims process or cause a claim to be rejected.
All relevant parts must be included with the claim item (for example, nuts, bolts etc).
Please send the claim item to:
Prosport Performance Ltd,
Unit 4 Hurricane Close,
Old Sarum,
Salisbury,
UK,
SP4 6LG
