TERMS AND CONDITIONS – ALLOYGATOR LIMITED (INCLUDING ITS LICENSED DISTRIBUTORS)
LICENCED DISTRIBUTOR: CANADA & USA
AlloyGator Canada Limited and AlloyGator North America Ltd
Registered and Trading Address: 10780 Cambie Road, Richmond, British Columbia, Canada V6X 1K8
MODIFICATION OF THE TERMS
Except that you must be informed in a reasonable manner regarding any pricing increase, AlloyGator™ may at its sole discretion change these terms and conditions at any time. Other terms and conditions are only valid when signed by an authorised officer of AlloyGator Ltd.
USE OF THE ALLOYGATOR™ WEBSITE(S)
You agree to use the website(s) only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit use and enjoyment of the AlloyGator website(s) by any third party (including intellectual property rights, right of confidentiality or privacy). As such, you must not:
- copy, download, reproduce, publish, broadcast, transmit, in any manner whatsoever, any material on the AlloyGator website(s) except as is reasonably necessary for your own use.
- send any materials which contain viruses, worms or any other destructive elements.
You agree to be fully responsible for (and fully indemnify AlloyGator Ltd and our Licenced Distributors against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the website(s), or products therein, or the use by any other person accessing the website(s) using your PC or internet access account, or the products therein.
- OUR RIGHTS
We reserve the right to: modify or withdraw, temporarily or permanently, the website(s) (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website(s); and/or the products therein, and/or change these Conditions from time to time, and your continued use of the website(s) (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the website(s).
- EXTERNAL LINKS (THIRD PARTY LINKS)
In an attempt to provide increased value to our Users, we may from time to time, provide links to other website(s)s or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse, make representations, not accept any liability directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such website(s)s, including (without limitation) any advertising, products or other materials or services on or available from such website(s)s 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 content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the website(s). We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website(s)).
- YOUR DATA
- INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website(s) shall remain at all times vested in us or our licensors. You are permitted to use this material, or content only as expressly authorised in writing by us or our licensors and may not agree nor assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content. The website(s) is Copyright of AlloyGator Limited. All rights reserved.
- USE OF ALLOYGATOR BRANDED ASSETS
Where previously agreed in writing by AlloyGator Limited the use of AlloyGator™ branded assets must be in accordance with AlloyGator Brand Guidelines and all relevant logo usage policies.
Branded assets used by Trade Partners are only permitted for the duration of contracts as per the usage stipulations outlined in any signed agreement. If contracts are renewed and/or package purchases change, assets usage entitlement may also change. In the event of any entitlement changes, assets that are no longer permitted for use must be removed immediately.
- TRADE ACCOUNTS RESELLING ALLOYGATOR PRODUCTS
In reselling AlloyGator™ products you acknowledge and agree not to offer the product for sale using online internet shopping channels such as but not limited to eBay and Amazon, and any other similar outlets, without specific written authorisation from AlloyGator Limited or its Canadian based Licenced Distributors, you also agree not to resell AlloyGator™ products to any third party outside of your own jurisdiction as agreed with your account provider from inception, or where the third party intends making our products available in a retail environment, other than agreed in writing with AlloyGator Limited or its Licenced Distributor. This does not restrict you from offering the product for sale on your own Company website(s) .Trade partners are not permitted to undertake Google and other forms of social media, web or offline advertising of AlloyGator™ products when the product name refers to the AlloyGator brand name alone. Advertising of this nature, including but not limited to Google Shopping Advertising containing the AlloyGator brand name undermines our central marketing programme and will be considered to be an infringement of these terms and conditions to which we reserve the right to cease supply until such advertising is removed.
- PRODUCT IDENTIFICATION, PACKAGING AND PRICING
For Trade accounts where the product is purchased for resale, you acknowledge and agree not to alter, erase, remove, deface or cover any trademark, copyright notice, guarantee, or other statement on the product or packaging in any way; or offer the product to customers at less than the current listed retail price, as amended from time to time.
You may send us notices under or in connection with these Conditions by post to our Licenced Distributor in Canada: AlloyGator Canada Ltd, 10780 Cambie Road, Richmond, British Columbia, Canada V6X 1K8 or direct to AlloyGator Limited, 61 Heming Road, Washford Industrial Estate, Redditch, Worcestershire, England B98 0EA, or by email to [email protected]. Proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 5 working days of our receipt and should be retained by you.
- LIMITATION OF LIABILITY
While we use our reasonable endeavours to verify the accuracy of any information we place on our website(s), we make no warranties, whether expressed or implied in relation to its accuracy. The website(s) is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty or representation of any kind, whether expressed or implied, in relation to the website(s), or products or services offered on the website(s) whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the website(s) or products or services offered on the website(s) whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website(s) or the server that makes it available or products or services offered on the website(s) whether by us or on our behalf are accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of your visit to or purchase from our website(s).
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under the Consumer Protection Laws. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the website(s) and any information provided to or taken from the website(s) by you. We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the website(s) through a third party’s hyper-text link. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the website(s) or products or services offered on the website(s) whether by us or on our behalf for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or products supplied.
- PRODUCT DISCLAIMER
AlloyGator™ alloy wheel rim protector, when properly fitted in accordance with the AlloyGator Fitting Instructions” and used in normal driving conditions, is designed to help prevent and reduce damage to your car’s alloy wheels caused by kerbing. Due to the variable nature of alloy wheels and the road environment, AlloyGator Limited gives no guarantee that the AlloyGator alloy wheel rim protector will prevent damage caused to an alloy wheel by collision with a kerb or any other object.
AlloyGator Limited accepts no responsibility for any damage to your property caused by any AlloyGator alloy rim wheel protector that fails to prevent or reduce the impact made by a collision with a kerb or other object or for other damage caused to your vehicle due to an AlloyGator alloy wheel rim protector that is not properly fitted and/or cared for. Nothing in this disclaimer excludes liability for death or personal injury caused by the negligence of AlloyGator Limited, its Licenced Distributor or employees.
The AlloyGator alloy wheel rim protectors should be used and cared for in accordance with your alloy wheel manufacturer’s guidelines. Cleaning agents containing acid may discolour the AlloyGator and should be avoided.
Although fitting the product to diamond cut alloy wheels will provide superior protection against kerb damage, due to existing imperfections in the lacquered wheel surface of alloy wheels our product may increase the risk of moisture retention and accelerate wheel surface degradation. On this basis AlloyGator alloy wheel rim protectors are not recommended for machine polished or diamond cut alloy wheels. AlloyGator Limited accepts no liability if the product when fitted causes such damage.
The AlloyGator alloy wheel rim protectors are not recommended for alloy wheels fitted to motor bikes, scooters or similar vehicles under any circumstances.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
- ENTIRE AGREEMENT
These Terms and Conditions (as amended from time to time) contain the entire agreement between you, AlloyGator Ltd and our Licenced Distributor relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you, AlloyGator Limited and its Licenced Distributor in relation to such matters. No oral explanation or oral information given by any connected party shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
- APPLICABLE LAWS
The Conditions will be exclusively governed by and construed in accordance with the laws of British Columbia, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions in accordance with the laws of the relevant jurisdiction.
A contract of sale shall be deemed to exist between AlloyGator Limited or its Licenced Distributor, and you when you receive a confirmation of order from us or an invoice. You must check that the order details, invoice and delivery address are correct and notify us immediately of any discrepancies and failure to do so will be treated as silent acquiescence. We advise that you print a copy of this confirmation for your own records.
- ORDER CANCELLATION, RETURNING GOODS AND REFUNDS
You can abandon or remove items from your shopping cart at any stage of your visit to the website(s) up until the point of placing the order. You can cancel your order with us anytime up to 7 days from the date you take physical possession of the goods and any payment made will be refunded. All refunds will be processed within three working days of our warehouse receiving your Goods and will include a refund of our standard outgoing delivery charge, where applicable (see refund Policy for more details) you can send us an email at [email protected] with your order number, name and address to cancel and you may return goods at your own cost, (where applicable) within 28 days of delivery. Where Goods are to be returned, you must return the Goods in good condition, unused and with their original packaging. We reserve the right to reduce a refund on any Goods that are incomplete, damaged or soiled up to a value of 100% of the original purchase price. Please include with any return of Goods a copy of your original invoice so that AlloyGator can identify your Order. Should you fail to return the Goods to the return address provided, AlloyGator will not be held responsible for any delays to refunds. The cost of returning goods will be your responsibility unless (i) the product received is incorrect, or (ii) deemed damaged or faulty – photographic evidence will be required. We can also arrange collection on your behalf should you wish, but the costs involved with doing so will be deducted from your refund. For security purposes all refunds are made using the same payment method that accepted your original payment. For further information please refer to our Returns Policy.
We aim to dispatch goods within 3 working days of completion of payment processes for orders paid by credit or debit card o. Orders paid by cheque will not be dispatched until the payment has been authorised as cleared funds by our Bank. We will dispatch fully paid orders via the delivery method selected however we accept no responsibility for loss, damage or late delivery through no fault of our own.
In certain cases it may be possible to claim compensation for lost items however we need to be notified within 14 days that the product has not arrived else we will not be able to claim and you may lose the money spent on that lost item. In exceptional circumstances where we find we are at fault i.e. lost order, we will send the item and refund all postage costs. The following applies to goods ordered over the value of $100 or of a large nature; items below this value will generally be dispatched by our Licenced Distributors preferred carrier service.
All goods over $100 are delivered via carrier service, between 8:30am and 5:30pm Monday – Friday, and require a signature upon receipt and the following applies:
Delivery is made by carrier, if you cannot arrange for someone to be available to sign for the goods, please let us know immediately for an alternative delivery date or alternative delivery address to be scheduled.
Delivery charges: These are priced per item based on weight and value; special rates apply for bulk orders. We reserve the right even after confirming your online order via email, to obtain quotes from delivery companies for the cost of delivery of your item and if delivery cost is found to be more than the price previously charged, to give you the option to pay the extra to have it delivered or to have a full refund. We will not be obligated to deliver the item at the previously charged price and put us in a loss-making situation.
- FAULTY/DAMAGED GOODS
You must take responsibility for checking over the goods and unpacking whilst the delivery driver waits if necessary. In the unlikely event that the goods received are faulty or damaged, you must sign for the goods as damaged. If you sign to say that they are received in good condition we must assume that they were in good condition when delivered or you have confirmed acceptance of the goods in this damaged condition and we will not be able to rectify any fault howsoever caused or make any payments of compensation. You must notify us within 48 working hours of delivery by email or telephone or else a damage claim may not be possible. Depending upon the extent of the fault / damage, you may be sent a replacement and you will be asked to return the goods in their original packaging (where possible) to our address (see our contact page). In the event that you are asked to return the goods, you will be offered a refund or replacement, providing there is no evidence of misuse.
We offer a 24-month warranty from time of delivery or install on all our accessory products; this warranty provides labour if required and new or replacement parts free if the product breaks down due to faulty manufacture or in normal use.
The warranty does not cover: –
Inappropriate use, incorrect operation or a fault created through incorrect fitting- (e.g. The warranty does not cover impact damage, hazardous liquid damage, exposure to extreme heat/cold or other damage caused by acts of God or incorrect fitment) or Vandalism – Damage caused by others.
- RETENTION OF TITLE
- The legal and equitable title to the goods supplied under the contract (in this condition referred to as “the contract goods” which expression includes any of them) will not pass to the Buyer until the price for the contract goods has been paid in full and, until such payment, the Buyer will hold them in a fiduciary capacity as bailee for the Company.
- The Buyer shall be entitled to dispose of the goods for the account of the Company (but so that any warranties, conditions or representations given or made by the Buyer to his customer shall not bind the Company which shall be indemnified by the Buyer in respect thereof) and to pass good title to the goods to any customer which is a bona fide purchaser for value without notice of the Company’s rights.
- Where the contract goods are resold by the Buyer and at the time of such resale the property in such goods has not passed to the Buyer then the proceeds of such resale will be held by the Buyer in a fiduciary capacity on trust for the Company and the Buyer will account to the Company for the same to the extent necessary to pay the price for the contract goods and the Company shall have the additional right to recover in the name of the Buyer (for which purpose the Company is hereby appointed the Buyer’s attorney) any price payable to the Buyer by his customer but if it shall exercise such right the Company shall account to the Buyer for the balance of the amounts recovered after recouping all debts due to the Company from the Buyer and the costs of such recovery.
- The Buyer shall so long as the Company is entitled to the property in the contract, store the contract goods so that they are identifiable as the property of the Company.
- Without prejudice and generality to the foregoing and to any of the Company’s other rights (whether to damages or under contract or otherwise howsoever) the Company may at any time after the price for the contract goods has become due and remains unpaid rescind the contract and/or recover any contract goods which are still the property of the Company. By entering this contract, the Buyer hereby authorises the Company’s servants and agents to enter any premises of the Buyer for that purpose.
- CHARGES AND PAYMENT TERMS
- You will pay us the charges as specified in the order or as subsequently notified to you.
- You will pay our invoices immediately on receipt, unless otherwise agreed in writing.
- All charges are stated exclusive of all applicable taxes. You will be responsible for paying taxes which will be included in our invoices at the applicable rate(s).
- Where credit terms are provided and payment is not received within agreed terms, we reserves the right to add to your outstanding balance collection fees and interest at appropriate levels.
- PICTURES AND IMAGES
Pictures and images throughout this site are used for illustration purposes only, from time to time product packaging may vary slightly, however the item you receive will have the same monetary value as the item you ordered. Every effort is made to keep our website(s) constantly updated.
- COMMENTS OR QUESTIONS
If you have any questions, comments or concerns arising from the website(s), our products or any relevant terms and conditions or the way we are handling your personal information please contact us at [email protected]
Errors and Omissions Excluded. This DOES NOT affect your statutory rights in any way.