Terms and Conditions - TGS Tuning / Fabrication

TopGear Stockport Terms and Conditions

This website is operated by TopGear Stockport (referred to as TGS Tuning , Top-End.com TopGear Stockport , Longlife Exhausts Stockport /we/our/us). As user of this website (referred to as you/your) you acknowledge that any use of this website including any transactions you make (use/using) is subject to our terms and conditions below (which includes any other important sections – e.g. refunds/Returns/Refunds Policy and Privacy Policy.

Read through these terms and conditions carefully before using this website. Print a copy for future reference. Also read our Privacy Policy section regarding your personal information.

A. General

We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website, it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

B. Order process

All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order. Acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from TopGear Stockport. Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns & Refunds Policy).C. Delivery We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. TopGear Stockport shall be under no liability for any delay or failure to deliver the products within estimated timescales. Risk of loss and damage of products passes to you on the date when the products are delivered, or on the date of first attempted delivery by us.

D. Payment

We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions: 1. The product is unsuitable, every order is checked. If there is a problem with your order then you will be contacted by an advisor. 2. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Payment can be made by any method specified on the website homepage. For information about secure on-line ordering See Our Privacy Policy to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated.

E. Refunds, Returns, Cancellations and Substitutions

In most cases we offer a 7 day money back guarantee, the main exception is where goods have been specially ordered for a specific car, many alloy wheels sales fall into this category, in some cases special order goods will be accepted for return with a re stocking charge. In certain cases the customer may be asked to take responsibility for the return of the goods. In the unlikely event that you receive faulty or damaged goods, please refer to our Refunds/Returns Policy and Refunds section. Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 7 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Returns/ Refunds Policy page for further details). Shortages must be reported within 4 working days of receipt.

E. (1) Alloy Wheel Warranty

Warranty for Alloy Wheels. Painted finish alloy wheels come with a standard 12 Month warranty. Polished/Polished Face Alloy Wheels only come with a manufacturers warranty of 6 Months. Chrome Wheels are for show purposes only and come with no warranty. All Alloy wheel warranty claims must be returned to the manufacturer for inspection. The manufacturer’s decision on warranty is final. Any Damaged (e.g. Kerbed Wheels) will not be covered by any of our manufacturers guarantees.

E. (2) FITTING ADVICE

If you cannot have these wheels professionally fitted, please read these instructions carefully before fitting.Some wheels will have a different size centre bore than that of your vehicle. If this is the case we will have sent you some plastic rims of the correct size that are called ‘spiggot rings’. These need to be fitted firmly and squarely on the hub BEFORE you attempt to fit the wheels. If you do not do this your wheel will cause vibrations inside the car.

Multi Drilled Wheels (8 or 10 hole wheels)Sometimes the wheels we supply are drilled to fit several vehicles. If it seems that the wheels wont go onto the vehicle. Please try and rotate the wheel slightly as the next set of holes will be correct.Please check that the nut/bolts provided in the package are the correct thread by simply fitting one bolt/nut before hand. If you can only get 1 or 2 turns of thread engagement they will be incorrect and you should not proceed,but contact us first for advice. This however would be a rare mistake but it is better to be safe than sorry.

When the wheels have been fitted, please ensure the wheel rotates freely before letting the vehicle down from the lift.

F. Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

G. Liability and Indemnity

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. Subject to Section G1 above, TopGear Stockport will use reasonable endeavors’ to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website TopGear Stockport; will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and TopGear Stockport accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. Subject to Section G1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section E above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
Subject to Section G1 above, TopGear Stockport will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

1) economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings);
2) or loss of goodwill or reputation; or;
3) special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

Notwithstanding the above, subject to Section G1 TopGear Stockport aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause. This clause G does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.. Miscellaneous Provisions The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract. We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by appropriate insurance. TopGear Stockport shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control. To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (1) the privacy practices of such websites, (2) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (3) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by TopGear Stockport reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
1) TopGear Stockport (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;

2) TopGear Stockport; shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;

3) A person who is a permitted successor or assignee under Section H8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
4) No consent from the persons referred to in Section H9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties). No delay or failure by TopGear Stockport; to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of TopGear Stockport. These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and TopGear Stockport relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and TopGear Stockport for your use of this website.

SPECIAL ORDER ITEMS.

Special Order items will only be accepted for return once agreed with all Directors of TopGear Stockport.
Special Order means any item that is ordered on request. For example wheels that have to be specially machined or drilled. You will be informed of this at the time of order.

FINANCE ORDERS

Finance on products/Standing orders. Top Gear reserve the right to charge the full balance of products in the event of standing order failure.

EXHAUST SYSTEMS

Terms & Conditions Warranty All Products Purchased from TopGear Stockport are subject to the manufacturers guarantee. TopGear (Stockport) takes no responsibility for products supplied by third parties, which includes present or former Top Gear Franchises / Longlife Franchises.

Terms and Conditions for Longlife Stainless Steel Exhausts.

General Statement of Guarantee We guarantee the Longlife stainless steel exhaust system fitted to your vehicle for the period during which you remain the registered keeper of the vehicle, and whilst the vehicle remains in a roadworthy condition, or for the period stated in Clause 1 below for specific items.

All guarantees are subject to the conditions and limitations set out below. Your statutory rights are not affected by this guarantee

Maintenance Requirements

Your Longlife exhaust system requires no special maintenance, and provided that you maintain your vehicle in accordance with the manufacturer’s instructions, will give you a lifetime of trouble free service.

Claims under Guarantee In the unlikely event of experiencing a defect in your Longlife exhaust system, we will repair or replace at our option any defective part. The vehicle must be returned (STRICTLY BY APPOINTMENT) to the depot where the system was built, or the nearest Longlife depot if this is not practical. In order to make a claim you are required to produce the original invoice and the registration document for the vehicle. If physical or contamination damage to the system is evident you may also be asked to provide proof of vehicle routine maintenance, or a current MOT certificate before any repairs are carried out under the guarantee.

Clause 1 Items excluded from Lifetime Guarantee

Mechanical items, including flexible couplings and knuckle joints are covered for a period of 12 months from the date of installation. (Please note Condition (2) below).
Catalytic converters are covered for a period of 12 months from the date of installation.
Manifolds & Front pipes are covered for a period of 12 months from the date of installation.
Rubber mountings are covered for a period of 12 months from the date of installation.
Repairs or modifications to exhaust components or systems not made by ourselves are not guaranteed.
Any other items specifically noted as excluded on the original purchase invoice. Please note that all guarantees are subject to the conditions and limitations set out below.

Conditions and Limitations of Guarantees

Surface discoloration or corrosion other than corrosion that results in leakage is not covered by the guarantee.
Damage caused to any part of the exhaust system as a direct or indirect result of worn engine mountings or excessive vibration is excluded from the guarantee.
Damage caused by physical impact of any kind, including impact with speed restriction bumps is not covered by the guarantee.
Damage caused as a result of the failure of a rubber mounting hanger is excluded from the guarantee, unless such failure occurs within a period of 12 months from the date of installation, and has not occurred as a result of impact or negligence.
Damage caused as a result of serious engine wear resulting in fuel or oil contamination to silencer materials invalidates the guarantee.
Non standard use of the vehicle (e.g. competition or circuit use) invalidates the guarantee. 7.Alterations or modifications carried out to the system by any third party invalidates the guarantee.
This guarantee does not cover any form of consequential loss or damage howsoever caused

Returns Policy Exhaust Systems

If for any reason you are unhappy with your TopGear Stockport mail order supplied exhaust when you receive it you may return it for a full refund within 7 days. This is provided that you have not used it as used exhausts cannot be resold. Damaged or used goods may be accepted back subject to discussion with TopGear Stockport and may incur a re-stocking charge. Please note all Cars are individual and will make varying horsepower figures and returns cannot be accepted if your vehicle does not match our test figures. If the goods arrived damaged with you for any reason you must inform the courier who delivers them to you immediately. All our couriers are fully insured so in the unlikely event of damaged everyone is covered. You MUST get the courier to record the damage at the time of delivery or we are unable to offer a free replacement. Goods not reported to the carrier upon delivery may be replaced but this will be subject to the discretion of the carrier. As soon as you notify the courier of damage you can then contact us. We will immediately arrange for a replacement part to be shipped and for the damaged part to be collected. After that we will handle all the rest.

Terms of Sale All goods remain the property of TopGear Stockport until paid for in full. Payments will be processed immediately upon receipt of orders and goods will not be dispatched until full payment has cleared. Payment may be made by cheque or cash or credit or debit card. Goods will usually be shipped at the prices quoted in our shipping section within 1-10 days of order and should arrive within 14 days of order (subject to customs). If for any reason we are unable to ship within the specified time we will endeavor to contact you by phone or email to give an arrival date for your goods. Goods may be returned to us, subject to the conditions of the returns policy above and will be refunded, subject to those terms, immediately upon receipt. Any complaints should be emailed to enquiries@topgear.co.uk and will be answered within 10 days. Should you not be satisfied with the answer you receive let us know and we will refer your complaint to the managing director. All prices are quoted in Pounds Sterling unless otherwise stated and are exclusive of any sales taxes or import duties. Products are supplied singly unless otherwise stated. We reserve the right to vary the stated prices at any time but should we do so we will inform you of the change before any monies are taken from you and give you the right to cancel your order. All goods are shipped by secure carriers and a signature will be required on receipt. Please note you are signing to say goods are received in good condition. Please take the time to check the goods before signing as no claims for damage can be made if you have signed to say that goods were received undamaged. Please note we cannot be held liable for any consequential loss caused by late delivery. We reserve the right to reject any order. Not all goods sold by Top Gear are compliant with the regulations for highway use in all countries and it is the responsibility of the purchaser to check suitability of goods under local laws and regulations. All Top Gear products are tested extensively before they are made available for sale but we cannot guarantee any power gains or what effects on running the products may have as each vehicle is individual and may react differently. Top Gear therefore cannot be liable for how a product may effect the running of your machine.. This does not affect your statutory rights.

The www.topgearstockport.co.uk website is operated by Top Gear Stockport) Unit 4 Bredbury Court ind est , Ashton Road Stockport SK6 2QB We recommend you print out a copy of these terms and conditions for your future reference. If you have any questions regarding the TopGear Stockport website please see the Contact section for more information and full contact details.