Terms & Conditions
Terms and Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
These terms and conditions (“Terms”) help to keep the apuljackengineering.co.uk website a safe place to trade and set out the full extent of any agreement reached between you and Apuljack Engineering Ltd. in connection with the web site apuljackengineering.co.uk website (“the Site”). You should understand that by placing an order or viewing the website, you accept the following terms and conditions:
If you are buying a product which is in any way connected to a gas appliance, then to conform to health and safety laws you must have a qualified gas engineer (ACOP/Gas Safe) to fit this item. We cannot be held responsible if these instructions are not followed.
If you are buying a product that is in any way connected to electricity, of any voltage, then you must be suitably qualified to design, install, modify or otherwise use the item purchased in order to avoid problems such as, but not limited to, fire, electrocution and damage to other equipment.
1. The owner of this web site is Apuljack Engineering Ltd. whose address is Unit 6, Mill Batch Farm, East Brent, Somerset TA9 4JN. Registration number 08973689.
2. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
3. You agree that e-mail can be used as a long-distance means of communication.
4. No contract for the sale of any product will subsist between you and Apuljack Engineering unless and until Apuljack Engineering accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Apuljack Engineering sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Apuljack Engineering of your offer to buy goods from Apuljack Engineering or a third party supplier that is engaged on your behalf by Apuljack Engineering
5. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
7. You undertake that all details you provide to Apuljack Engineering Ltd. for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
8. If you choose a username and password on completion of registration, you are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
9. If there are any changes to the details supplied by you it is your responsibility to inform Apuljack Engineering as soon as possible.
10. We only accept cancellations by telephoning 01278 588 922 during normal office hours for products that are yet to be dispatched. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 14 working days after you receive the product by:
10.1 sending the notice of cancellation by email to email@example.com or by telephoning 01278 588 922 ensuring that you quote your name address and order reference number;
10.2 Where you have already received the goods, returning the goods to Apuljack Engineering together with the original invoice. Apuljack Engineering will refund you the purchase price of the goods minus a £1 handling charge.
11. Once Apuljack Engineering receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Apuljack Engineering from your credit card in relation to the purchase price of the goods will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Apuljack Engineering in the condition that they were in when despatched to you. In the case that you decide that you do not want the product, for any reason, you will be liable for any charges incurred in returning the goods to Apuljack Engineering together with a £1 handling charge. In the case that the product is faulty then Apuljack Engineering will cover the cost of returning the products to us.
12. Apuljack Engineering reserves the right to refuse to accept goods which are not returned in the same condition as when despatched, at its sole discretion. Apuljack Engineering also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
13. This section applies only to the extent permitted by law. For the avoidance of doubt, Apuljack Engineering do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Apuljack Engineering negligence or wilful default, or that of Apuljack Engineering employees, agents or subcontractors or (b) fraudulent misrepresentation.
14. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
15. Apuljack Engineering will do its best to correct errors and omissions as quickly as practicable after being notified of them.
16. In the unlikely event that you receive goods which were not what you ordered or are of a different quantity to that stated on your order form, Apuljack Engineering shall make good any shortage and correct any errors made by Apuljack Engineering or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Apuljack Engineering of the problem in writing to the following address: Apuljack Engineering, Unit 6, Mill Batch Farm, East Brent, Somerset TA9 4JN within 48hrs of delivery of the goods. If goods are damaged on delivery, you must sign the delivery note as damaged or unchecked and then contact Apuljack Engineering to inform us immediately (or within 24 hours of delivery). Apuljack Engineering does not accept liability for any damage in transit if the delivery has been accepted and signed for. Signing for a delivery accepts the delivery as received in an acceptable condition.
17. You and Apuljack Engineering will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
18. All products are covered by the manufacturer's warranty. If your product develops a fault while under warranty, please contact Apuljack Engineering and we will advise you where to send it for repair. We will cover the delivery charge to return the product back to the relevant UK service centre. All warranty agreements are held between the manufacturer and purchaser.
We would like to warn/make customers aware that if products are used outside of the manufacturers warranty specifications the warranty may be deemed invalid. If customers have any queries please ask one of sales team at time of purchase.
19. Credit and Debit cards are debited on the day of ordering by Apuljack Engineering. All prices include VAT unless otherwise stated.
20. Every purchase you make shall be deemed performed in the United Kingdom. UK law shall govern every aspect of contractual agreement concerning purchases made from the Site.
21. Apuljack Engineering aims to arrange shipment of all in stock items within 1 - 7 working days of receiving your order. Although we aim to hold stock of all items, we are sometimes caught out by demand. Where your item is out of stock, you will be notified immediately with an expected delivery date. You can choose to wait for your item or cancel your order. In the event of other products on your order being in stock, you will have the choice of cancelling the entire order or just the back ordered items.
In the unlikely event that your item gets delayed or goes missing in the post, refunds or replacements will only be issued 15 working days after the item was dispatched to allow our Customer Support Team to attempt to locate your order in our delivery chain.
22. Our standard Returns Policy applies to all purchases from Apuljack Engineering.
23. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Account Details section of the site. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
24. Title to any product ordered will pass to you once Apuljack Engineering has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
25. If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Apuljack Engineering advises each customer to contact their local customs office for further information.
27. For Christmas Deliveries, we recommend that you order by the 18th December. We cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
28. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, terrorism and any other similar events.
29. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
30. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same, or any other provision.
31. You may not permit; create unauthorised framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
32. In these Terms, “Intellectual Property Rights” means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
33. Subject to the licence granted to you to use the Site, Apuljack Engineering Ltd. reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Apuljack Engineering Ltd. and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in Apuljack Engineering Ltd. and its affiliates, as appropriate.
34. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Apuljack Engineering Ltd. tracks the electronic 'fingerprints' of every order placed on Apuljack Engineering Ltd. to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
35. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:-
(i) You fail to make any payment to us when due;
(ii) You breach the terms of this Agreement (repeatedly or otherwise);
(iii) When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
(iv) We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
36. Apuljack Engineering Ltd. reserves the right to use any comments given by customers in our promotional activities.
37. Use of the Website
(i) You may view the content on the Website for personal non-commercial use. You may print and download information from this Website for your own personal use.
(ii) You confirm that you are of sufficient age to lawfully use this Website, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you and those using your log-in information.
(iii) In using the Website you acknowledge that Apuljack Engineering Ltd. are not responsible for interactions between users of this Website. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in any way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas of sensitive information.
38. Information & Accuracy
(i) Any information placed on the Website relating to the adverts or products including, but without limitation, details of the caravan or motorhome, availability, price, accreditations is provided on an ‘as available basis’. When looking at adverts please confirm all details with the owner of the vehicle.
(ii) Apuljack Engineering Ltd. does not warrant that such information will be error-free or that the Website will be virus or bug-free.
(iii) Apuljack Engineering Ltd. has not visited/viewed any of the caravans/motorhomes listed on this Website. The listing of any vehicle on the Website is not and should not be taken as a specific recommendation from Apuljack Engineering Ltd. or a representation that the vehicle will be suitable for the user's purpose or that the vehicle will be of any particular quality. It is the responsibility of the user to select suitable vehicles; we are not art to any transactions between users and/or other third parties found on or through the Website.
39 Liability and Disclaimers
(i) Apuljack Engineering Ltd. it is not a party to the contract between you and the seller of a vehicle listed on Apuljack Engineering Ltd. and has no responsibility or liability to you in respect of the terms of that contract. In particular, Apuljack Engineering Ltd.is not responsible for:
(a) the accuracy or completeness of the descriptions of the products or adverts that are displayed on the Website;
(b) the fulfillment of a sale when related to the classifieds section;
(c) the quality or fitness for purpose of the vehicle that are or may be purchased as a result of a listing through the Apuljack Engineering Ltd.;
(d) the ratings and reviews displayed on the website
(ii) Neither Apuljack Engineering Ltd. nor any of its directors, employees, affiliates or other representatives will be liable to you (or any member of your group, your affiliates or any other person or party who has an interest in the purchase of a product / purchase made as a result of a listing) for:
(a) indirect, special or consequential loss or damages;
(b) loss of data, income, profits, business or opportunity; or
(c) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or materials offered through this Website, even if Apuljack Engineering Ltd. has been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.
(iii) Notwithstanding clauses 10.1 & 10.2 our maximum aggregate liability to you (when related to the classifieds section) in relation to any advert in the classifieds section (whether in contract, tort or otherwise) shall be limited solely to £1.
(iv) To the greatest extent permitted by applicable law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of the adverts / products, information and/or materials on this Website, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose.
(vi) Nothing in these Terms shall operate to exclude or limit liability arising out of:
(a) fraud or fraudulent misrepresentation or
(b) death or personal injury resulting from the negligence of the party seeking to rely on the exclusion or limitation.
40. Adverts Listed
This Site contains material in the form of adverts submitted by third party advertisers and we accept no responsibility for the content or accuracy of such adverts nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised whatsoever.
41.Apuljack Engineering Ltd. may amend these Terms from time to time, and place the new version on the Site. When Apuljack Engineering Ltd. do so, it will mention the fact on our home page (shop.apuljackengineering.co.uk). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Apuljack Engineering Ltd. posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
42. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Apuljack Engineering Ltd. and you relating to your purchase. Apuljack Engineering Ltd. advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Apuljack Engineering Ltd. We will store a copy of the contract entered into by you with Apuljack Engineering Ltd. You are advised to read (and are responsible for reading) fully all information on this website.
43. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
44. These Terms are subject to the laws and exclusive jurisdiction of the United Kingdom.
Latest Revision Date: 9th October 2018