1. Orders, Price and Payment
1.1 No contract shall come into existence until the Company confirms acceptance of the order for Goods in writing and, subsequently dispatches the Goods, or they are collected in person from the premises by the Buyer.
1.2 Discount codes will only be honoured in conjunction with the offers specifically advertised. The Company reserves the right to withdraw, amend or refuse discount codes at their discretion. Discount vouchers can not be transferred from one customer to another, and doing so may cause an order to be cancelled, the voucher to be disabled, and/or the points earned be removed.
1.3 Any cancellation of any order by the Buyer must be made in writing at least seven working days before scheduled dispatch of goods by the Company and agreed as cancelled also in writing by the Company. In case of any cancellation, the Buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages which must be at least 15% of the Price of the order.
1.4 Gift vouchers may be purchased from mountunestore.com and used as a method of payment on orders placed at the same store. Once purchased, gift vouchers can only be cancelled by notification in writing; within 12 months of purchase; and only by the original purchaser.
2. Goods
The description and quantity of the Goods to be sold (“the Goods”) shall be as set out in the email order confirmation provided by the Company to the Buyer.
3. Order processing
The Company aim to process and dispatch all orders for in-stock products either on the day of receipt of the order, or the follow working day. If order processing is delayed, we try to advise customers in writing in good time.
4. Delivery
Delivery shall be to the address designated by the Buyer. Time shall not be of the essence for delivery. The Company shall not be liable for any delay in delivery due to causes beyond its control. UK mainland delivery is usually made the next working day after despatch, or according to the courier's transit schedule. European and Worldwide transit times vary according to country, and depending on the service selected. Delivery times are not guaranteed.
5. Acceptance of Goods
The Company must be advised and confirmed in writing by recorded delivery of any defects in the Goods as soon as they are discovered and in any case within fourteen days of delivery to the Buyer who shall be deemed to have accepted the Goods if they have not been rejected and confirmed to the Company on or before the fourteenth day after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part thereafter. This does not affect the buyer’s rights under statutory law or warranty provided by the Company.
6. Title and Risk
6.1 The Goods shall be at the risk of the Buyer following delivery and, notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Company failing which the Company shall have the right to repossess or otherwise recover the Goods; until title passes the Buyer shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the Goods of the Company.
6.2 The Buyer shall follow all reasonable instructions given by the Company from time to time with regard to the use of trademarks owned by the Company and other indications in respect of the property rights of the Company.
7. Intellectual Property Indemnity
7.1 The Company shall indemnify and hold the Buyer and its employees, hereunder from and against all loss and damage and cost and expense resulting from or arising out of any threatened or actual infringement of patent, copyright, registered design or other intellectual property rights of any person provided that the Buyer shall:
7.1.1 Notify the Buyer in writing of any allegation or infringement
7.1.2 Make no admission without the Company’s consent
7.1.3 At the Company’s request allow the Company to conduct and/or settle all negotiations in litigation and give the Company all reasonable assistance in respect thereof.
8. Limitation of Liability
8.1 Save in respect of personal injury or death due to any negligence, the Company shall not be liable to the Buyer in respect of any loss suffered by the buyer due to any defect in the Goods.
8.2 Without prejudice to Condition 8.1 the Company shall not be liable to the Buyer or any third party for any loss or profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.
9. Set off and Counterclaim
Unless otherwise agreed in writing, the Buyer shall not be entitled to set off against any monies due to the Company under the Agreement or any other account whatsoever, any amount claimed by or due to the Buyer from the Company whether pursuant to the Agreement or in any other account whatsoever.
10. Force Majeure
The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
11. General
11.1 If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continued in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11.2 The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
12. Contract
Notwithstanding any other provision of this agreement, nothing herein shall confer or is intended to confer a benefit on any third party for the purpose of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.
13. Termination
13.1 The Company may terminate the Agreement by notice in writing forthwith in any of the following events:-
13.1.1 The Buyer commits a material breach of the Agreement which is incapable of remedy, or
13.1.2 The Buyer fails to perform its obligations under the Agreement or commits a material breach which is capable of remedy but which the Buyer fails to remedy within 28 days of written notice by the Company specifying the event of default and requiring its remedy.
13.2 Each of the Company and the Buyer may by notice in writing to the other terminate the Agreement if the other shall have a receiver, liquidator or administrator appointed or shall pass a resolution for winding up or administration (otherwise than for the purpose of amalgamation or reconstruction) or a Court shall make an order to that effect or if the other party shall enter into composition or arrangement with its creditor(s) or shall become insolvent.
14. Consequences of Termination
14.1 Any termination of the Agreement howsoever caused shall not affect any accrued rights or liabilities of either the Company or the Buyer arising from the Agreement.
14.2 On termination of the Agreement for whatsoever reason, the Buyer shall return forthwith to the Company the Product(s) and all copies thereof, the documentation and the media supplied therewith and other items in the possession of the Buyer which are the property of the Company.
15. Waiver
The rights and remedies of either party under the Agreement shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time, by the other nor any failure or delay by the other in asserting or exercising any such rights or remedies.
16. Variation
No variation in the provisions of the Agreement shall be of any effect unless made in writing and signed on behalf of the Buyer and the Company.
17. Assignment
The Buyer shall not be entitled to assign, lease, transfer or part with its rights, responsibilities or obligations or any part thereof under the Agreement without the prior written consent of the Company.
18. Health and Safety
18.1 The Company shall not be liable to the Buyer in any civil proceeding brought by the Buyer against the Company under any Health and Safety Regulations made pursuant to the Health and Safety at Work 1974 Act, where such exclusion of liability is permitted by law.
18.2 The Buyer shall indemnify and keep indemnified the Company in respect of any liability, monetary penalty or fine in respect of or in connection with the Product(s) and Service(s) incurred directly or indirectly by the Company under the Health and Safety at Work Act 1974 or any Regulations, orders or directions made there under arising or resulting from the Buyer’s default.
19. Governing Law and Jurisdiction
The laws of England shall govern this Agreement and the parties hereby submit to the non-exclusive jurisdiction of the courts of England .
20. Entire Agreement
20.1 The Buyer hereby acknowledges that the terms and conditions of this Agreement supersede all and any prior agreements and undertakings existing between the parties in respect of this Agreement and all obligations of any kind owed by the Company to the Buyer in respect thereof howsoever arising which the Buyer may have either directly or indirectly against the Company and constitutes the entire Agreement in respect thereof.
20.2 Each of the parties agree that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contact.
21. Acceptance
The above General Terms and Conditions as stated in this document are accepted and will be adhered to.
22. mountune Rewards (loyalty scheme)
"mountune Rewards" is available to retail customers who choose to open a Rewards account on the mountune online store at www.mountunestore.com after September 2014. No points can be awarded for purchases made before this time. Points may only be redeemed online and spent online at www.mountunestore.com. Points will be valid to spend from 14 working days after an order being fulfilled / shipped. Only one voucher code can be used per transaction. mountune Rewards may be withdrawn at any time and without prior notice. No cash alternative is available.
Rewards points can only be collected by retail customers. Trade customers can not collect, redeem or transfer reward points or converted codes. No monetary alternative will be offered. Trade customers are those deemed by the Company, at their sole discretion, to be selling-on mountune products to their own customers.
Rewards points can not be retrospectively awarded for purchases made prior to the Buyer opening a Rewards account.
Once points have been converted into reward discount codes, they can not be returned back to points, and will expire 1 year from the date of issue.
23. Warranty - mountune Performance parts do not affect the base vehicle warranty when installed according to eTIS procedures in a supporting region / territory. Please contact us prior to purchasing any mountune Performance product to confirm the latest warranty statement in your region / territory.
24. For Brexit / Non-UK orders and shipping related to good outside of the UK, please see the latest information relating to this here.
Issued: 1st June 2016
Online Terms and Conditions
These terms and conditions (and those set out below) form the basis on which you can visit and use our website. Please read them carefully as they contain important information.
This site is owned and operated by Mountune 2 Limited of Prospect House, Prospect Way, Hutton, Brentwood, Essex CM13 1XA. If you want to ask us anything about these terms and conditions or if you have any comments or complaints on or about our website, please e-mail us info@mountune.com or telephone us on 01277 261400.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Mountune 2 Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
Accuracy of content
We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed exclusive of VAT. Taxes will be displayed in the checkout prior to confirmation of the purchase.
If the price of the goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable, then you will of course have the right to cancel your order. Any weights, dimensions and capacities given about the goods are approximate only. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website and we shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials contained on this website.
Damage to your computer
We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Availability
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
Payment terms
We will charge your credit/debit card for payment upon completing the order of the Goods. We accept no liability if a delivery is delayed because you did not give us the correct payment/shipping details. If it is not possible to obtain full payment/details for the goods from your account, then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have. We do not store credit card details, nor do we share customer details with any 3rd parties.
Delivery charges
Delivery charges vary according to the type of goods ordered and cannot be refunded.
Delivery
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Some country exclusions apply. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions. We will aim to deliver the goods by the date quoted for delivery (typically 1-2 days for UK orders) but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
Cancellation rights
Under the Distance Selling Regulations you have the legal right to cancel your order within fourteen days of receipt of your goods (with the exception of any bespoke items / vehicle specific ECU / TCU software). You may be liable for any delivery costs incurred.
Returns and Refunds
Changed your mind, or not 100% happy with your order? No problem, goods can be returned within 14 days of receipt of your shipment, provided they're in original condition, In the original packaging, (unwashed and unworn where appropriate).
After 14 days of receipt of your shipment, all returns will be handled on a case-by-case basis.
Only returns with an approved RMA number will be processed and may be subject to a 15% re-stocking fee, applied at our discretion.
Please see our returns center for details on how to return your order.
Electronic vehicle files
Due to its nature, bespoke vehicle software in the form of an electronic file (when created for, or locked specifically to an individual VIN), can not be returned for a refund.
The Company cannot be held liable for any vehicle faults that are deemed to be due to non-mountune hardware being fitted, or modifications to the vehicle outside the Company's suggested hardware scope (as identified via www.mountunestore.com).
However, in the very rare scenario when a fault exists within the software, and can be identified to be due a specific issue inherent within the supplied calibration itself, the Company will offer the customer two solutions. Either a full refund, or revised software to cure the fault, at the Company's discretion.
In any instance, the customer may be required to follow basic and reasonable steps to provide the Company with adequate data in order to make an informed judgement in finding a satisfactory resolution.
Failure to provide the basic information requested, or access to the vehicle to be able to ascertain this information directly, may lead to no further support being offered by the Company, at its sole discretion, and a refund will be refused.
Exclusion of liability
Any disclaimers and exclusions of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by our negligence. These disclaimers and exclusions shall be governed by and construed in accordance with English law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the non-exclusive jurisdiction of the courts of England and Wales . All contracts are concluded in English.
Cookies
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mountune 2 limited
Registered in England & Wales.
Company registration number: 12851684
Registered office address: Prospect House, Prospect Way, Hutton, Brentwood, Essex, United Kingdom, CM13 1XA
