|Terms and Conditions
Welcome to Black Widow Exhausts Ltd Terms and Conditions of Sale. By placing an order by phone, or using the www.blackwidowexhausts.co.uk Website (“Website”), you agree to be bound by the T&Cs set out below.
If you have any questions about these T&Cs, please call our customer services department on 01234 871009
This agreement applies as between you, the User of this Website and Black Widow Exhausts Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
Use of the Website is also governed by our Privacy and Cookies Policy (add link) which is incorporated into these terms and conditions by this reference. To view the Privacy and Cookies Policy please click on the link above.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a despatch email to you indicating that your order has been fulfilled and is on its way to you.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
" means any third party responsible for transporting purchased Goods from our Premises to customers;
" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
" means any products that Black Widow Exhausts Ltd advertises and / or makes available for sale through this Website;
"Black Widow Exhausts Ltd
" means Black Widow Exhausts Ltd, Unit 8 High Barns, Roxton, Bedfordshire MK44 3ET
" means collectively any online facilities, tools, services or information that Black Widow Exhausts Ltd makes available through the Website either now or in the future;
" means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
" means collectively any orders, invoices, despatch notes, receipts or similar that may be in hard copy or electronic form;
" Means our place(s) of business located at Unit 8 High Barns, Roxton, Bedfordshire MK44 3ET
" means any online communications infrastructure that Black Widow Exhausts Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
" / "Users
" means any third party that accesses the Website and is not employed by Black Widow Exhausts Ltd and acting in the course of their employment; and
" means the website that you are currently using (www.blackwidowexhausts.co.uk
) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
- International Customers
If Goods are being ordered from outside Black Widow Exhausts Ltd country of residence the UK, import duties and taxes may be incurred once your Goods reach their destination. Black Widow Exhausts Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Black Widow Exhausts Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.
- Intellectual Property
4.1. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Black Widow Exhausts Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Black Widow Exhausts Ltd.
- Third Party Intellectual Property
5.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Use of Communications Facilities
7.1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
7.1.1. You must not use obscene or vulgar language;
7.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3. You must not submit Content that is intended to promote or incite violence;
7.1.4. It is advised that submissions are made using the Black Widow Exhausts Ltd language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.1.5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.6. You must not impersonate other people, particularly employees and representatives of Black Widow Exhausts Ltd or our affiliates; and
7.1.7. You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
7.2 You acknowledge that Black Widow Exhausts Ltd reserves the right to monitor any and all communications made to us or using our System.
7.3 You acknowledge that Black Widow Exhausts Ltd may retain copies of any and all communications made to us or using our System.
7.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
8.1. In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
8.1.1. All information you submit is accurate and truthful;
8.1.2. You have permission to submit Payment Information where permission may be required; and
8.1.3. You will keep this information accurate and up-to-date.
8.1.4. Your creation of an Account is further affirmation of your representation and warranty.
8.2. It is recommended that you do not share your Account details, particularly your username and password. Black Widow Exhausts Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Black Widow Exhausts Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are despatched. In the event that an unauthorised purchase is despatched prior to your notifying us of the unauthorised nature of the purchase, Black Widow Exhausts Ltd accepts no liability or responsibility and you should make contact with the Courier detailed in the Purchase Information.
8.4. When choosing your username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
- Termination and Cancellation
9.1. Either Black Widow Exhausts Ltd or you may terminate your Account. If Black Widow Exhausts Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
9.2. If Black Widow Exhausts Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be despatched.
9.3. Black Widow Exhausts Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and despatch.
9.4. If purchases are cancelled for any reason prior to despatch you will be refunded any monies paid in relation to those purchases.
9.5. If you terminate your Account any non-despatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
9.6. Your right to cancel can be exercised in writing or via email.
- Goods, Pricing and Availability
10.1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Black Widow Exhausts Ltd correspond to the actual Goods, Black Widow Exhausts Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 12.1 for incorrect Goods.
10.2. Where appropriate, you may be required to select the required model, type or number of the Goods that you are purchasing.
10.3.Black Widow Exhausts Ltd does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the website.
10.4. All pricing information on the Website is correct at the time of going online. Black Widow Exhausts Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. Pricing information is reviewed and updated daily.
10.5. In the event that prices are changed during the period between an order being placed for Goods and Black Widow Exhausts Ltd processing that order, you will be contacted prior to your order being processed with details of the new price;
10.6. All prices on the Website do include VAT Black Widow Exhausts Ltd VAT number is 894 882 650.
11.1 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
11.2 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
11.3 Black Widow Exhausts Ltd should be advised of any courier damage or shortages within 10 days of receipt of the Goods. We regret that beyond this time, due to circumstances beyond our control we may be unable to process your claim.
11.4 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
11.5. If Black Widow Exhausts Ltd receives no communication from you within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
- Returns Policy
Black Widow Exhausts aims to always provide high quality Goods that are free from damage or fault. On occasion however, goods may need to be returned for an exchange or refund. In the first instance we request that you contact us by email explaining the problem so that we can resolve any issues.
Returns are governed by this Return Policy:-
12.1. If you receive Goods which do not match those that you ordered you should contact us within 14 days to arrange collection and return. Black Widow Exhausts Ltd is not responsible for paying return shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
12.2. If any Goods you have purchased have faults when they are delivered to you, you should contact Black Widow Exhausts Ltd within 14 days to arrange collection and return. Black Widow Exhausts Ltd is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
12.3. If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. The Goods should be returned to Black Widow Exhausts Ltd for warranty inspection at the Buyers cost. If deemed by Black Widow Exhausts Ltd to be a warranty claim Black Widow Exhausts Ltd will return the repaired or replacement Goods at no additional cost to the Buyer. If the Goods are not able to be repaired or replaced Black Widow Exhausts Ltd will refund the Buyer the original price of the Goods.
12.4. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Black Widow Exhausts Ltd within 10 days and arrange collection and return. Black Widow Exhausts Ltd is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
12.5. Cancellation Rights & Returns UK and EU
If you live in the United Kingdom or another European Union country, you have a legal right to cancel your order after you have received and inspected the goods (Distance Seller Regulations). This period begins once your order is complete and ends 14 working days after the Goods have been delivered. Should you decide to return the Goods you must notify us of cancellation in writing (by post or email) within 14 days of receipt of the Goods. Following cancellation you are under a legal duty to not use the Goods and to take care of them this includes all packaging. You must return the goods to us securely packaged, in the condition in which they were received, at your cost, as soon as possible, with as much of their original packaging and their original paperwork as possible. Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods within 30 days of receipt of the returned Goods. You are responsible for paying shipment costs if Goods are returned for this reason. We recommend that you use a secure delivery method which requires a signature on delivery as we cannot be held responsible for returned Goods which are undelivered or damaged. If you do not return the Goods within 21 days of your cancellation notice, we may choose to recover the Goods from you, and if we do so, to charge you for the cost of doing so. If, despite sending a cancellation notice, you do not return the Goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have accepted the Goods, at which point a new purchase contract will be made, and if we have already granted a refund, you will be re-charged for your order at the price set out on the Website.
12.6. Cancellation Rights & Returns Non EU Countries and Rest of World
The EU cancellation rights set out in clause 12.5. do not apply to customers living outside of the EU. For non-EU customers, we hope you will be fully satisfied with our Goods, however if for any reason you are not as you believe them to be mis-described or faulty, we request that you notify us by email within 10 days of receipt to explain your concerns and your wish to return the Goods. If we reasonably agree with your concerns, we will confirm by email that you may return the Goods in their original condition and packaging, which must be sent to us within 7 days of us sending to you that written confirmation. On receipt of the returned item and verification that your concerns are genuine, we will issue an internet credit note or item exchange subject to our discretion. Unless we specifically agree otherwise by email, we will not grant refunds on items received more than 14 days after we email you to confirm your return. We do not refund shipping charges. Please note that when posting return goods from outside the UK, you are responsible for paying any customs levies or duties on those goods payable either on exit from your country or on entry to the UK. If the goods which you have sent back to us are kept in customs because you have not paid those levies or duties, we will not have received them. Because it is your responsibility to pay all customs duties, legally you will not have returned the goods to us / kept them in your care, and so will not be entitled to any refund or exchange.
12.7. Black Widow Exhausts Ltd is not responsible for any labour charges incurred during fitment or removal of allegedly faulty (or incorrectly supplied or ordered) parts.
12.8. Black Widow Exhausts Ltd are not responsible for paying return shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
12.9. All returns are to be accompanied by the senders name and address, account number, order reference number (these are found on the invoice), and reason for return. Please help us to help you.
12.10. If you wish to return Goods for any of the above reasons, please contact us by email to make the appropriate arrangements prior to returning the goods.
12.11. Black Widow Exhausts Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
12.11.1. Any use or enjoyment that you may have already had out of the Goods;
12.11.2. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
- Product Warranty
This 2 year warranty covers all stainless steel exhausts, excluding clamps and gaskets, supplied by Black Widow Exhausts Ltd. For a period of 2 years from date of delivery of the goods to the Buyer, the Supplier will repair or at its option replace free of charge any component found to be defective due to faulty workmanship or materials, PROVIDED THAT;
13.1. This warranty does not cover any form of damage resulting from incorrect fitting, accident, neglect, misuse, application of over heating, use on track days, racing or competition, or use contrary to any instructions supplied by the Supplier.
13.2. This warranty shall apply only to the original Buyer and shall (insofar as the law may permit) be in lieu of all other warranties and conditions expressed or implied under the Sale of Goods Act 1979 or any other Statute or at Common Law.
Goods being returned under Warranty are to be sent for inspection, at the Buyers cost, to Black Widow Exhausts Ltd, Unit 8 High Barns, Roxton, Beds MK44 3ET.Complete with the original invoice and explanation of return.Goods will then be assessed and the Buyer informed of the outcome.If it has been deemed by Black Widow Exhausts that the warranty claim is not valid the Buyer is responsible for return shipping costs or can instruct Black Widow Exhausts to dispose of the goods.
14.1. Black Widow Exhausts Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
14.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
14.4 Whilst Black Widow Exhausts Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
- Changes to the Service and these Terms and Conditions
Black Widow Exhausts Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Black Widow Exhausts Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Website
16.1. The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
16.2. Black Widow Exhausts Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
17.1. To the maximum extent permitted by law, Black Widow Exhausts Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
17.2. Nothing in these Terms and Conditions excludes or restricts Black Widow Exhausts liability for death or personal injury resulting from any negligence or fraud on the part of Black Widow Exhausts Ltd
17.3. Nothing in these Terms and Conditions excludes or restricts Black Widow Exhausts Ltd liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
17.4. The buyer accepts that Goods adapted or modified by the purchaser shall no longer be warranted by the manufacturer nor shall Black Widow Exhausts Ltd be liable for any failures as a result of such modification.
17.5. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection without the replacement of goods until such an inspection is complete. The purchaser also accepts that where goods have been incorrectly supplied or are alleged to be defective, the seller takes no responsibility for any consequential losses incurred.
17.6. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Black Widow Exhausts Ltd.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and Black Widow Exhausts Ltd shall be governed by and construed in accordance with the Law of England and Wales and Black Widow Exhausts Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.