Terms and Conditions - Hawkswood Australia

1. General

1.1 Hawkswood Classic Car Parts (“we”, “us”, “our”) is trade name in use by Hawkswood Classic Car Parts Ltd, a company, registered in New Zealand. The registered office is Hawkswood Building, Unit 2 - 95 Ellice Road Glenfield, Auckland 0629

1.2 Any use of the words “you”, “your” or similar expression within these terms shall mean the user of this Site. 

1.3 Any product ordered from this web site (“Site”) will be subject to this Contract which you accept through placing an order for that product (“Product”) through this Site.

1.4 Please read the Contract carefully. We recommend that you print off a copy of the Contract because they are easier to read in paper form. We also recommend that you
keep a copy for your records.

1.5 We have tried to make them easy to understand but we do understand that you may feel uncertain about reading a legal document. We are always happy to assist and can be contacted by telephone (+64) 09 9157179 or by email: shop@classiccarparts.co.nz

2. Your Status

2.1 By placing an order through our Site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

3. How the Contract is formed between You and Us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. If there is any reason by which we cannot accept or fulfil your whole order then we will use our best endeavours to contact you by the end of the working day nearest to which you place your order. 

3.2 The Contract will relate only to those Products that we are able to supply. We will not be obliged to supply any other Products which may have been part of your order unless we have confirmed with you that this will take place.

4. Consumer Rights

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4.2 In all events, NZ consumer laws will govern the conditions of trade and will be used to settle any disputes.

5. Surcharge

5.1 A surcharge is an additional price levied on some products we sell. This is refundable when you return the original part to us in good condition. The old part can be returned to our suppliers, stripped down and used in the re-manufacture of product for resale.

6. Availability and Delivery

6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 7 days of the date of the Dispatch Confirmation. 

6.2 It is your responsibility to ensure that all Product(s) ordered are acceptable and permitted in your territory and that the intended use is legal in your territory.

6.3 If you order Products from our Site for delivery outside NZ, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
Please contact your local customs office for further information before placing your order.

6.4 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

7. Risk and Title

7.1 The Products will be at your risk from the time of delivery.

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. Price and Payment

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

8.2 These prices exclude delivery costs, which will be added to the total amount.

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a pricing error.

8.6 Payment for all Products must be by Credit Card, Debit Card or Paypal unless by prior agreement.

9. Cancellations, Complaints and Breach of Warranty

9.1 If you are a consumer (not buying the Product(s) in the course of your business, trade or profession) then you may cancel your Contract and return any unused and intact Product(s). You must tell us within 7 working days (in this Contract ‘working day’ shall mean all days other than Saturdays, Sundays and public holidays) of receiving the Product(s). You must also immediately return the Product(s) to us at your cost.

9.2 If you cancel the Contract (as set out in paragraph 8.1 above) then we will refund you with the money that we have debited from your account within 30 days of receipt of your notice of cancellation less any reasonable sums incurred by us in retrieving such Product(s) from you (including but not limited to sums which we have incurred because you have returned the Product(s) at our expense).

9.3 No such rights of cancellation (as set out in paragraphs 8.1 and 8.2 above) apply if you are purchasing the Product(s) otherwise than as a consumer.

9.4 If some or all of the Product(s) you receive from us are not what you requested or they were damaged in some way whilst being delivered or are not of satisfactory quality you must advise us of this as soon as possible (and in any event within 48 hours of receiving the Product(s) after receiving the Product(s) by either emailing us at shop@classiccarparts.co.nz or telephoning us 9.5 If you wish to exercise your rights under paragraph 8.4 above and return such unsatisfactory, unrequested or damaged Product(s) to us you must return them to us at the following address:  Sanzi Building, 2-95 Ellice Road Glenfield 0629 and in the condition in which you received it/them within 7 working days of receiving such Product(s). At our discretion we will either (a) dispatch the correct Product or a replacement Product to you; or (b) refund you the purchase price.  Paragraph 8.2 does not apply to you in these circumstances.

9.6 If you do not notify us promptly under paragraph 8.4 and return the Product(s) then we will not replace, cancel or refund the Product(s).

9.7 If you wish to make a complaint about our service, please contact us in writing, by email or by telephone as set out in paragraph 1.5 (page 1 of terms and conditions).

9.8  No Parts will be accepted for return without Prior contact with our Customer Service Team. If the part arrives at our depot without prior notice, we will simply hold it, pending contact from the customer.

The Part(s) must be absolutely in an "As Supplied" condition and that includes the packaging.

Returns on this basis will not include credits for freight charges in either direction.

Where a product has been correctly supplied and you may now wish to return it, the transaction will now be subject to a 15% Re-Stocking Charge.

Returns for "Change of Mind" or incorrectly ordered items purchased over 90 days prior will no longer be accepted.

10. Liability

10.1 We shall use reasonable skill and care in performing our obligations under the Contract.

10.2 We shall not be liable for loss of profit or any other losses which were not reasonably foreseeable to us at the time of entering into this Contract with you, even if incurred as a result of our failure to comply with this Contract or Our negligence.

10.3 Our maximum aggregate liability to you for losses which you may suffer under or in connection with this Contract shall be limited to the price paid under the Contract.

11. Data Protection

11.1 Any information that you provide to us pursuant to the Contract shall be processed in accordance with our privacy policy and the Data Protection Act 1998.

12. General

12.1 Governing Law and Jurisdiction

This Contract shall be governed by the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction.

12.2 Third parties

Only you and us have any rights under this Contract.  No other person shall have any rights under this Contract.

12.3 Assignment

We may transfer the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected. You may only transfer the Contract with our prior written consent which we shall not unreasonably withhold.

13. Complaints

Our objective is to ensure you are delighted with your Product(s). Unfortunately, problems and misunderstandings do sometimes arise. If you are unhappy at any time, please raise your concerns with a member of our staff as soon as possible by either emailing us at: shop@classiccarparts.co.nz (or) telephoning us on (+64) 09 9157179. Please state the nature of complaint, your invoice number and where you purchased the product.

14. Online Catalogue Terms and Conditions

While every endeavour has been made to ensure the accuracy of our catalogue, we do accept any responsibility for errors or omissions.  Replacement parts should always be checked against the original ones prior to fitting to ascertain their suitability for purpose.
 
Every endeavour has been made to ensure the accuracy of the web site links, however sometimes inaccuracies occur, and it is always down to the user to check that the link is correct. 
 
Access permissions are granted for the registered user only and must not be passed on to any third party. Anyone found in breach of this condition will have their access rights removed.