This page (together with any documents referred to on it) tells you the terms and conditions on which we supply any of the parts, components and products (Products) on our website mksportscars.com (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

• Information about us
• mksportscars.com is a site operated by MK Sportscars (we).
• Your status
• You are legally capable of entering into binding contracts; [and]
• You are at least 18 years old;

By placing an order through our site, you warrant that:

How the contract is formed between you and us

• After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
• The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Consumer rights

• If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
• To cancel a Contract, you must inform us in writing.  You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession.  If you fail to comply with this obligation, we may have a right of action against you for compensation.
• Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your statutory rights.

Availability and delivery

• Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
• We update the availability of the entire stock constantly.  Items that are ‘Out Of Stock’ will be displayed as such.  In the rare event of a problem with availability of a product marked ‘In Stock’, we will contact you.  You may then wish to cancel the order or wait until the item becomes available.

Risk and title

• The Products will be at your risk from the time of delivery.
• Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Price and payment

• The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
• These prices include VAT (where payable – see clause 7.3 below) but exclude delivery costs, which will be added to the total amount due.
• For orders placed from within the EU prices include VAT (Value Added Tax)* charged at the rate appropriate to the destination country of the order.  VAT does not apply to orders that are to be shipped outside the EU or to Tax Free areas such as the Channel Islands.  These areas will be priced and billed with VAT deducted.
• If you select currency or a delivery country outside the EU once logged in, prices will be displayed VAT free, for example, an item which costs 19.99 GBP will be shown and billed as 16.66 GBP when it is VAT free (current rate is 20.0%).
  [* In the UK some products are VAT exempt.  Prices for these items destined for countries outside the EU or to other tax free destinations will show no further reductions.]
• Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
• Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
• We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
• Payment for all Products must be by credit or debit card.  We accept most major credit cards for online orders.  You will be asked to enter your card details and the name and address of the card holder when you place the order.  Your card will be debited straight away and your order posted out to you as soon as possible.  When ordering from overseas we will fill in the shipping details/price so you may proceed to the secure checkout.
• Due to varying Exchange Rates all payments made to us must be in UK Pounds (£) Sterling.
• We take online security extremely seriously and have taken several steps to ensure that your payment information is processed confidentiality and accurately.  We offer the use of secure servers where information is protected by Secure Sockets Layer (SSL), the industry standard encryption technology.  SSL works with Netscape Navigator, Microsoft Internet Explorer, AOL and other browsers.  We also use a third party credit card processing company called Barclaycard Merchant Services.  These security measures make it virtually imposed for unauthorized parties to read any information that you send us.  This means that there is no way that someone can obtain your credit card number from us so you can order with confidence!  Please be aware that in the interests of credit card security you may be contacted prior to the dispatch of your order with a request for additional information.

Our refunds policy

• When you return a Product to us:
• because you have canceled the Contract between us within the seven-working-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.  In this case, we will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us.
• for any other reason (for instance, because have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.  Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
• We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Our liability

• We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
• Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.  Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
• This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987;

For fraud or fraudulent misrepresentation;

For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

• We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data, or
• waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of clauses 9.4.1 to 9.4.6 of this clause 9.4.

• Import duty
• If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.
• Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.
• Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

• Notices

All notices given by you to us must be given to MK Sportscars at Mail@mksportscars.com.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

• The contract between you and us is binding on you and us and on our respective successors and assigns.
• You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
• We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
• A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.
• Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

PRIVACY POLICY

• We are committed to protecting your privacy.  When you make an online order, we need to know your name, email address, credit card billing address, delivery address, credit or debit card number and associated details.  This allows us to process and fulfill your orders and to notify you about your order status.  We will also require a landline telephone number in case we need to contact you and for international orders this number may be given to our couriers in order to help with the delivery of your goods.  You have trusted us by giving us these details and we promise not to use these details for any other reason other than processing your order or informing you about the products and services.  We will not pass any of your details on to third parties for profit or otherwise.
• If you have an account but do not wish to receive weekly emails regarding the products and services of Kit Car Direct you can be removed by unsubscribing from an old email (at the bottom) or deselecting your email within the newsletter section of "My Account".

COOKIES

• Cookies are tiny text files, which are stored on your computer and the MK Sportscars website uses these files to remember what currency you want to view the site in, what items are in your shopping basket and various other things which are all in place to make the site easier to use.  All shopping websites use cookies and without them the site would not work.

WEBSITE DESCRIPTION AND ILLUSTRATIONS

• We create the vast majority of pictures and descriptions for the website.  This information is copyright of MK Sportscars and may not be used by any other party without express permission of MK Sportscars.  The MK Sportscars website is provided for use only for viewing by an end user.  Taking of any content or prices by automated processes, such as spidering, will be deemed as a breach of copyright and is expressly forbidden except where specifically agreed with us.
• We put a lot of time and effort into describing and photographing the products we sell.  Although we aim to ensure that every picture and description is 100% accurate, mistakes do occur so let us know if you see or read something that isn’t correct.
• All pictures, material, code and intellectual property and descriptions are the property of Kit Car Direct.  They may not be copied or used without the expressed permissions.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

• Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

• These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
• We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
• Each of us agrees that the only rights and remedies available to us arising out of or in connection with aRepresentation shall be for breach of contract as provided in these terms and conditions.
• Nothing in this clause shall limit or exclude any liability for fraud.

Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

• Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.