Conditions of Use & Sale
By using the VEXI Website, You agree to be bound by these Conditions.
1. Definitions & Interpretations
1.2 In these Terms and Conditions the following apply:-
Agreement: means the contract between You and the Supplier for Your Order which is subject to these Conditions.
Conditions: means these terms and conditions and Condition means any one or more of them as the context shall require
Deposit: means the total cost of Your Order and which may include the cost of shipping the Order to You and which will be held by VEXI as agents for the Supplier.
EA: means the European Union Value Added Tax Area.
EA Non VAT Customer: means Your Shipping Address is outside the UK but is in the EA and You are not registered for VAT in the country of Your Shipping Address.
EA VAT Customer: means Your Shipping Address is outside the UK but is in the EA and You are registered for VAT in the country of Your Shipping Address and You have provided Us with all the details of Your VAT registration which We have requested.
Fedex: means Federal Express Europe Inc or such other carrier of whom we give you notice.
Licence: means the limited licence to access the Website pursuant to Condition 3.
Non EA Customer: means Your Shipping Address is outside the EA.
VEXI PARTS LIMITED: means VEXI Parts Limited (registered company 08383709) on whose registered office is C/o Grant Thornton UK LLP, Kingfisher House, 1 Gilders Way, St James Place, Norwich, NR3 1UB.
Order: means the Order for a Part by You from the Supplier placed via the Website and subject to these Conditions.
Parts: means motor vehicle assemblies, subassemblies, products and components, for use in commercial vehicles and Part shall be construed accordingly.
Personal Information: means details relating to You including Your name, address, bank or credit card details, telephone number and email address and Sensitive Personal Information includes information relating to Your political or religious beliefs, racial or ethnic origin, sexual orientation or Your health.
Shipping Address: means the destination to which You instruct Us to send Your Order.
the Supplier: means the entity with whom you contract for your Order and means VEXI PARTS LIMITED.
UK: means the United Kingdom of Great Britain and Northern Ireland.
UK Customer: means Your Shipping Address is in the UK.
Us: means VEXI and (where the context permits) the Supplier and We and Our and cognate expressions shall be construed accordingly.
VAT: means value added tax.
VEXI (and VEXI Parts): are trading names for VEXI Parts Limited (registered company 08383709) whose registered office is C/o Grant Thornton UK LLP, Kingfisher House, 1 Gilders Way, St James Place, Norwich, Norfolk, NR31 1UB
Website: means the website at www.vexi.co.uk which is owned and operated by VEXI.
You: means the user of the Website and Your and cognate expressions shall be construed accordingly.
1.3 Words importing the singular also include the plural and vice versa.
1.4 Words importing the personal also include the corporate and vice versa.
1.5 One gender includes all genders.
1.6 The headings for these Conditions are provided for convenience only and are not to be used in the interpretation or construction of the Conditions.
2. Use of the Website
2.1 All business undertaken by the Supplier is transacted subject to the Conditions which are incorporated in any agreement between You and the Supplier. No agent or employee of VEXI or the Supplier has the Supplier’s authority to alter or vary the Conditions.
2.2 By using the Website You accept responsibility for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access to Your account. You accept full responsibility for all activities that occur under Your account or password and will indemnify VEXI and/or the Supplier against any losses VEXI and/or the Supplier suffers as a result of breach of this Condition.
2.3 You must ensure that the details You provide to Us are correct and You must inform Us immediately of any changes to this information.
2.4 We reserve the right to refuse access to the Website, terminate Your account, remove or edit content, or cancel Orders at Our own absolute discretion.
2.5 If We believe there is a possible breach of security or misuse of the Website in addition to the powers reserved at Condition 2.4 We may ask You to change Your password.
2.6 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
2.7 You (not VEXI or the Supplier), are responsible for all electronic communications and content sent from Your computer to VEXI or the Supplier and You must use the Website for lawful purposes only.
2.8 You must not use the Website for any of the following:-
Fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
To cause annoyance, inconvenience or needless anxiety.
2.9 VEXI supplies the Website without any warranties or guarantees and You must bear the risks associated with use of the internet.
2.10 We are not responsible for any of the following:-
(a) The incompatibility of the Website with any of Your equipment, software or telecommunications links;
(b) Technical problems including errors or interruptions to the Website;
(c) Unsuitability, unreliability or inaccuracy of the Website;
(d) Inadequacy of the Website to meet Your requirements; or
(e) The content on the Website of any third party advertising or sponsorship.
2.11 You confirm that You are over 18 years of age.
3. Website access
3.1 VEXI grants You the Licence to access and make personal use of the Website, but You must not download or modify the Website, or any part of it. The Licence does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.
3.2 Neither the Website nor any part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without VEXI’s written consent.
4. Copyright, authors' rights and database rights
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VEXI, its affiliates or its content suppliers and is protected by copyright, authors' rights and database right laws. All software used on the Website is the property of VEXI, its affiliates or its software suppliers and is protected by international copyright and author's rights laws.
5. The Contract between the Supplier and You
5.1 VEXI is agent of VEXI PARTS LIMITED and its only purpose is to direct enquiries for Parts to VEXI PARTS LIMITED. VEXI does not have the power to enter an Agreement with You and the Agreement for the supply of Parts is between You and the Supplier.
5.2 At all times the Supplier’s acceptance of Your Order only takes place on dispatch of the Order, at which point the purchase contract will be made between You and the Supplier and the Deposit will cease to be held as agents but will be appropriated by the Supplier for payment of the Order.
5.3 If an Order is dispatched in more than one consignment the purchase contract will be made for each part of the Order as it is dispatched and the proportion of the Deposit attributable to each dispatch shall be appropriated for payment at the time of dispatch.
5.4 Until acceptance of an Order pursuant to condition 5.2 all Orders are subject to availability and the taking of a Deposit does not mean that a Part is available.
5.5 You may pay for Your Order in either pounds sterling or Euros. If You pay the Deposit in Euros and the rate of exchange changes between the time We take the Deposit and Your Order is dispatched We will not require a further payment nor will We make a refund (as the case may be). All invoices will be in pounds sterling whether or not the Order was paid for in pounds sterling. If we have to return all or part of Your Deposit We will return it in the same currency as that in which You paid the Deposit.
6.1 Your common law and statutory rights are unaffected by these Conditions.
6.2 You are responsible for the cost of returning Parts to Us and the carriage of returned Parts from You to Us is at Your risk.
7.1 If You are either an UK Customer or an EA Non VAT Customer the Supplier will charge VAT on Your Order at the prevailing UK rate at the time Your Order is accepted.
7.2 If You are an EA VAT Customer the Supplier will not charge VAT on Your Order (either UK or pursuant to the VAT regime of the Shipping Address).
7.3 If You are a Non EA Customer the Supplier will not charge VAT on Your Order.
8. Freight and Customs
8.1 If You are either an UK Customer or an EA VAT Customer We will be responsible for dispatching the Order to You and title and risk to the Parts comprising the Order will pass on delivery to the Shipping Address.
8.2 If You are an EA Non VAT Customer You must arrange and pay for the carriage of the Order from the Supplier to the Shipping Address. If You instruct Us We will act as Your agent and instruct Fedex (on behalf of You as Our principal) and We will take and pass on Fedex’s charges at the time We take payment for Your Order. The freight contract will be between You and Fedex and We will not be a party to it and You will be responsible for all fees and charges payable to Fedex. In this case title and risks to the Parts will pass on delivery to Fedex.
8.3 If You are a Non EA Customer We will arrange for Your Order to be sent to Your Shipping Address. Risk and title to the Parts will pass forthwith on the Parts leaving UK territorial waters and/or airspace.
8.4 When Ordering Parts from the Supplier for delivery outside the UK You may be subject to import duties and taxes, which are levied once the Parts reach the Shipping Address. Any charges for customs clearance or other duties or taxes must be paid by You; We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so You should contact Your local customs office for further information. Additionally, please note that when Ordering from the Supplier, You are considered the importer of record and must comply with all laws and regulations of the country in which the Shipping Address is situate.
9. Health, Safety and Suitability
9.1 You are responsible for following the manufacturer’s instructions, recommendations and guidelines together with all applicable laws in respect of the installation and use of any Part supplied by the Supplier and in the event of any doubt You must take advice from the manufacturer or the appropriate legal authority.
9.2 The Supplier agrees to send You the Part which you have Ordered but the Supplier makes no representation nor does it give any warranty that the Part is suitable for any particular use or purpose and You must satisfy Yourself that You have ordered the correct Part.
10. Electronic communications
10.1 When You visit the Website or send e-mails to Us, You are communicating with Us electronically. We communicate with You by e-mail or by posting notices on the Website. For contractual purposes, You consent to receive communications from Us electronically at the email address You provide to Us when placing the Order and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
10.2 If, for whatever reason, a party to the Agreement needs to serve a hard copy of a notice or document on the other party You agree to accept the service of that notice or document at the Shipping Address (or at such other address of which You advise Us and which We agree to accept) and the Supplier agrees to accept service at its registered office.
The Supplier will be responsible for any direct losses You suffer as a result of the Supplier’s breach of these Conditions if the losses were reasonably foreseeable to both You and the Supplier when the contract for the sale Order was formed pursuant to Condition 5.2. The Supplier will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and the Supplier when You commenced using the Website or when the contract for the Order was formed.
12. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to the Website and these Conditions at any time. You will be subject to the policies and Conditions in force at the time that the contract is made pursuant to Condition 5.2, unless any change to these Conditions is required to be made by law or government authority (in which case it will apply to Orders previously placed by You). If any of these Conditions is deemed invalid, void, or for any reason unenforceable, that Condition will be deemed severable and will not affect the validity and enforceability of any remaining Conditions.
13. Events beyond the Supplier’s reasonable control
The Supplier will not be responsible for any delay or failure to comply with its obligations under these Conditions if the delay or failure arises from any cause which is beyond the Supplier’s reasonable control and (without prejudice to the generality of foregoing) the Supplier will not be responsible for the acts or omissions of any third party to whom Parts are consigned for delivery.
If You breach these Conditions and the Supplier takes no action, the Supplier will still be entitled to use all rights and remedies available to it in any other situation where You breach these Conditions.
15.1 We will not collect or process Sensitive Personal Information relating to You without Your express permission and We will only use Personal Information for the purpose of:-
(a) The performance of Our obligations in relation to Your Order;
(b) To check Your credit record with any credit reference agencies and for fraud prevention purposes.
15.2 By placing Your Order You consent to the processing and disclosure of Personal Information. You also agree that the purposes referred to in Condition 15.1 may be amended to include other uses or disclosures of Personal Information following notification to You.
15.3 We will comply with all relevant data protection legislation.
16. Governing law and jurisdiction
16.1 This Agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England (and where applicable Wales).
16.2 The parties irrevocably agree, for the sole benefit of the Supplier, that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.