- Any reference to Company, Seller, We, or Us shall mean Nirro Ltd. Nirro Ltd is registered to Units ABC Lyon Business Park, 11 River Road, Barking, Essex IG11 0JS, United Kingdom. Company Reg. No.4050459 England VAT No. GB 760 8483 10 who sell or supply used car parts and accessories in the course of their trade or business.
- Nirro Ltd is a business that sells or supplies used car parts and accessories in the course of their trade or business.
- Any reference to “You”, “Buyer”, or “Purchaser” in this document shall mean the consumer for the purposes of entering into a contract for sale or contractual relations with Nirro Ltd.
- The terms and conditions set out in this document are only applicable to consumers. Person(s) acting in the course of their business, trade, craft, or profession do not act as a consumer.
- Goods or equipment ordered shall mean the items detailed in the appropriate section of the sales/order form. The necessary information regarding those items shall be provided to the consumer upon order for the purposes of the Consumer Rights Act 2015. The consumer will be provided with the requisite information and opportunity to inspect the item(s) detailed in the sales/order form prior to purchase. If such order is not concluded at our premises, the information shall be provided to the consumer in writing. The consumer will have the opportunity to inspect the item upon delivery where the item(s) form the subject of an off-premises contract and the statutory time for return shall run from date of delivery of the item to the consumer.
- Any additional parts, connecting components, or ancillary items that are not detailed within the sales order form, shall be additional to this agreement. Where the consumer cancels their contract with Nirro, all ancillary contracts shall be deemed cancelled.
- Price shall mean the consideration due for purchase of the consumers’ order/ performance of contract. The price shall include VAT, including where the consumer purchases through eBay.
- In respect of orders placed via the Internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon the Company until confirmed or acknowledged in writing by the Company by means of invoice or statement confirming acceptance of your order or by despatch of goods to you. Order acknowledgement sent by the Company subsequent to the order and payment shall not amount to confirmation of order.
- Nirro reserve the right to refuse any offer to purchase prior to written confirmation or despatch, where goods ordered become unavailable, the price of goods varies or an error is made by the Company in the price, description or for some other reason, whereupon a full refund of your payment will be made to you, usually in the method you made payment to the Company.
GENERAL
- “Working day” shall mean any day excluding Saturdays, Sundays and Bank Holidays.
- These conditions shall apply to all of the quotations and contracts, orders (including telephone, facsimile transmittal, postal and internet orders) for the sale or supply of goods provided by Nirro Ltd and accepted by Nirro Ltd.
- The company reserves the right to amend technical or clerical errors in any order without notice. The consumer shall take reasonable steps to ensure the accuracy of all details contained within their order prior to submission to Nirro Ltd. Nirro Ltd does not accept liability for any error or inaccuracy in any order placed by a consumer unless notified of such error within 14 days of delivery or receipt of any document containing the said error. Where the error or inaccuracy is the fault of Nirro Ltd, and the consumer notifies us of the inaccuracy, we do not limit our liability to the consumer nor their right to return the order.
PRIVACY
- Nirro takes the privacy and security of its customers very seriously. Nirro has a Privacy Policy on their website which all consumers are strongly encouraged to read.
LIMITATIONS UPON LIABILITY
- Assistance from agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser with no inspection undertaken. As such, all such assistance given to the purchaser in these circumstances is indicative only and does not form an express or implied part of our contract.
- Goods supplied by Nirro are supplied only to correspond to the purpose for which goods of that kind are commonly supplied. No liability for any losses howsoever caused can be accepted by Nirro where the consumer makes alternative use or modification(s) of the goods supplied by Nirro to the consumer. Additionally, where the consumer makes alternative use or modification(s) to the goods, the consumer’s right to return the goods and obtain any refund may be affected.
- Goods ordered by the consumer may not be compatible with vehicles which have been modified, adapted or altered. Where goods ordered by the Purchaser are not compatible by reason of their vehicle’s modification, adaptation or alteration, the consumer may return the goods within 14 days, and Nirro shall either issue a refund or credit to the purchaser, except where goods are specifically ordered solely for that consumer where the consumer’s right to return the goods and obtain any refund may be affected.
- Where a consumer purchases goods and Nirro does not install those goods for the consumer, Nirro does not accept liability for any loss caused by any third party installation or modification.
- In addition, no liability is accepted by Nirro where the purchasers attempt to modify or install the goods supplied where it is known or ought reasonably to be known by the purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
- Where an order is incorrect and the consumer knows or could reasonably ascertain that such an order is incorrect and fails to notify Nirro of the error and fails to request a replacement, Nirro does not accept liability for any losses caused by the consumer’s use of an incorrect part.
- Where the consumer notifies Nirro of an incorrect order, Nirro does not seek to exclude the consumer’s right to return the goods and request their replacement.
- Where a consumer returns goods within the statutory time frame, notifying Nirro of the reason for the return, Nirro shall refund the value of the goods in full unless the item is damaged by the consumer, or the consumer’s use or keeping of those goods caused a diminution in value.
i) Where such a diminution in value occurs, Nirro shall either reduce the value of the refund to take this loss of value caused by the consumer into account, or where the item is not returned in a saleable condition decline to refund the consumer.
- Where goods purchased by the consumer are alleged to be defective, the purchaser agrees to return such goods to the seller, notifying the seller of the alleged defect. The consumer accepts that it is reasonable to inform the seller of any defect prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect.
- Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer and Nirro will not be liable for any failures resulting from the consumer’s modification.
Second Hand Goods
- Nirro sells second hand goods to the consumer in good faith and makes the consumer aware of information that is reasonably available to Nirro in respect of those second hand goods. Where second hand goods are purchased from Nirro by the consumer in person, the consumer will have had all necessary and available information provided to them regarding the second hand good. Any known defect will be drawn to the consumer’s attention prior to purchase or order.
- Where the goods are defective or otherwise in breach of any implied term, Nirro does not accept any losses that are not foreseeable or not caused by Nirro.
- Nirro does not seek to limit the consumer’s right to return any defective good, and subject to any deterioration or loss of value caused by the consumer, will refund the consumer for the goods.
- Where the consumer purchases second hand goods in person, Nirro provides a warranty of a duration to be determined on the day of purchase.
- Where the goods are defective or otherwise in breach of any implied term, Nirro does not accept any losses that are not foreseeable or not caused by Nirro.
- Nirro does not seek to limit the consumer’s right to return any defective good, and subject to any deterioration or loss of value caused by the consumer, will refund the consumer for the goods.
- Where the consumer purchases second hand goods in person, Nirro provides a warranty of a duration to be determined on the day of purchase.
- Where the goods are defective or otherwise in breach of any implied term, Nirro does not accept any losses that are not foreseeable or not caused by Nirro.
- Nirro does not seek to limit the consumer’s right to return any defective good, and subject to any deterioration or loss of value caused by the consumer, will refund the consumer for the goods.
- Where the consumer purchases second hand goods in person, Nirro provides a warranty of a duration to be determined on the day of purchase.
PAYMENT TERMS
- Unless otherwise stipulated within the sales invoice/order form, or agreed by the parties in writing, all accounts are payable upon order.
- Where default occurs in payment by the consumer, default interest shall become payable at 2% above the Bank of England base rate.
TITLE AND DELIVERY
- Ownership or Title to the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title or ownership in respect of all goods ordered.
- Delivery times will be quoted at time of order and all times given for despatch or delivery are approximate, unless the consumer and Nirro agree either that time is of the essence or that delivery will be effected by a certain time or method.
- When delivery is affected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer upon receipt of the goods.
- The consumer is required to notify the company in writing or by telephone, of any shortage, error in delivery or other discrepancy as soon as possible, or at the latest within fourteen days.
i) Where the goods are to be delivered to the consumer, loss or damage in transit claims should be made directly to the carrier of the goods and not Nirro.
ii) Nirro will assist purchasers in making their claim.
- Consumers should retain all packaging in the event of a claim or return within the terms of this agreement.
- Delivery and packing prices indicated within the Companies Brochures and Internet Site are subject to change and will be confirmed at the time of order.
- Buyers outside the United Kingdom and Europe shall be quoted approximate prices for delivery and packing prior to order confirmation. The prices for delivery and packaging shall be confirmed at the time of order.
RETURNS
- Goods cannot be accepted for return unless the purchaser has completed a Return Authorisation Form and/or provided sufficient details for their request to be processed by Nirro. Nirro cannot refund or accept goods returned with insufficient details of the consumer or the consumer’s desired action.
- Where the consumer provides details without a Return Authorisation Form the details must be sufficient and should cover i, iii, iv, v, and vi in Clause 34 below.
- Return Authorisation Form must contain the following information:
- The consumer shall provide their Order number, name, and address on the Form;
- The consumer shall serve the Form by post to Nirro’s registered office, or by fax to the number printed on the sales Invoice;
- Reason for return e.g. goods defective/incorrect, cancellation of order;
- Where goods are to be returned as incorrect, a description of the difference between the parts. Photographic evidence may also be required;
- Where goods are alleged to be defective a description of why the goods are believed to be defective and the nature of the defect. Photographic evidence may be required; and,
- For electrical components a copy of diagnostic logs/protocols will be required to confirm correct coding and adaptation of the component has been performed.
- Where the consumer returns the goods to Nirro in accordance with these terms and conditions, the consumer shall be liable for the cost of the return delivery of the goods to Nirro.
- Where the consumer returns the goods to Nirro in accordance with these terms and conditions, the consumer shall return the goods in their original packaging. The consumer shall be liable for any additional cost of packaging the goods for their safe return to Nirro.
- Nirro does not seek to exclude the consumer’s statutory right to return defective goods where the contract was made in person by the consumer, in accordance with the time frames to return those defective goods as provided by statute.
- Where the contract was not made in person at Nirro’s place of business, the consumer may return the goods within 14 days of receipt of the goods.
- Goods returned to Nirro in relation to contracts and purchases made in person may be subject to a restocking charge of 20% of the value of the order.
REFUNDS
- Nirro may not refund returned goods if they have been tampered with, modified, or where Nirro’s markings have been removed from them.
i) Nirro may decline to refund the consumer where goods have been returned in an unsaleable condition.
ii) Nirro may reduce any refund in circumstances where the consumer’s actions have caused a loss of value to the goods.
iii) Nirro may decline to refund the consumer where the goods were a custom order, or where the goods ordered by the consumer were to specifications required by the consumer which are not of a reasonably standard format and which either prevent resale by Nirro, or render resale by Nirro impracticable.
iv) Save where the error of Nirro causes the consumer to request a refund, the consumer shall be liable to pay for the delivery of the goods that they wish to return to Nirro.
v) Where a consumer returns goods to Nirro, Nirro may reduce any refund or decline to refund the consumer where any damage or defect was caused by the consumer’s inadequate packaging of the goods, including where the original packaging sent by Nirro has not been used, or improperly re used by the consumer.
- The consumer may return the goods ordered over the internet or telephone within 14 days of delivery and request a refund, subject to clauses 34 and 40.
- Where the consumer purchased goods in person from Nirro’s place of business and seeks to return the goods and obtain a refund but the goods were not faulty, Nirro may refund the consumer at its discretion and is not obliged to refund the customer in these circumstances. Should the consumer wish to return goods that were not faulty, the consumer should do so within 14 days of purchase. Any refund shall be subject to clauses 34 and 40.
- The consumer may return goods purchased in person from Nirro that are faulty within 30 days, subject to clauses 34 and 40. Nirro does not seek to exclude any of the consumer’s statutory rights in respect of faulty or defective goods purchased from Nirro in a contract concluded on Nirro’s premises.
- In the event that the consumer is outside of the short term right to reject faulty goods, Nirro, having been notified in accordance with these terms and conditions shall have the opportunity to repair or replace the faulty good(s).
- In the event that repair is not possible, Nirro shall offer a reduction in price subject to deduction in the value of the good by virtue of use by the consumer.
- Nirro shall have the right to make a deduction to the value of a refund for use of the goods that were purchased by the consumer.
- Any refund shall be at the discretion of Nirro where the consumer purchased the goods in person and requested that Nirro install the goods in their vehicle, unless the goods were faulty or the installation was not correctly carried out.
- Nirro shall not be liable for the cost of removing parts that the consumer purchased from Nirro from the consumer’s vehicle where the consumer seeks to return the goods that were correctly installed by Nirro.
- Where a third party installed the goods and the consumer wishes to return the goods or seek a refund, the consumer shall be liable for the cost of removing the goods.
- Where the consumer fails to return the goods ordered by distance or cancel their contract concluded by distance with Nirro within 14 days, or within 14 days of receipt of the goods, Nirro shall be entitled to decline to accept the goods and shall be entitled to decline to refund the consumer at its discretion.
- Where the consumer fails to return the goods within 14 days of cancellation of their contract with Nirro, Nirro shall be entitled to collect the goods from the consumer and to recover any reasonable costs involved in such collection from the consumer.
- Where Nirro collects the goods from the consumer due to the consumer’s failure to return the goods to Nirro in accordance with these terms and conditions, any refund shall be subject to the provisions of these terms and conditions and may be set off against any loss of value or expense caused by the consumer.
- Where Nirro is obliged to take legal action against the consumer for non payment, non delivery of returned goods, or any other action caused by the consumer, the consumer shall be liable to pay Nirro’s costs of bringing such action.
IMPORTANT TERMS
- These terms and conditions and any agreement between the consumer and Nirro shall be interpreted in accordance with English Law and industry custom and practice. English and Welsh courts shall have sole jurisdiction in respect of any dispute that may arise.
- If any provision in these terms and conditions is deemed or found by any court or authority within England and Wales to be invalid or not binding, the consumer and Nirro agree that such provision shall be severable from the rest of these terms and conditions which shall remain fully in force.
- This contract is between the consumer (you) and us. No other party has the right to enforce this contract.
- These terms and conditions constitute the entire agreement between us and replace all previous agreements between us.
- You agree not to infringe any copyright, trademark, patent, or other intellectual property right that belongs to, or is licenced to Nirro Ltd.
- Nirro does not accept liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
CHANGES TO OUR TERMS AND CONDITIONS
- We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
COMPLAINTS
- If you have a complaint about Nirro Ltd, Please contact our Customer Care team here:
Via email to customercare@nirro.co.uk.
Via post to Nirro Ltd, Units ABC Lyon Business Park, 11 River Road, Barking, Essex IG11 0JS