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Terms of Service

These terms and conditions together with the documents referred to in them (“Terms”) tell you the basis on which we will supply our goods (“Goods”) and services (“Services”) to you. Please read these Terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these Terms.

Please Note: These Terms only apply to "Consumers" (i.e. you are not a business, trade, profession or acting in the capacity of a director, sole trader or partner). If you are not a Consumer, please click here to access the business terms applicable to you.

In particular, we draw your attention to clause 21 below where we limit our liability to you

You may wish to retain a copy of these Terms for future reference or the Terms can be found online at https://www.everestmotorsltd.com/ (“Website”)

These terms and conditions together with the documents referred to in them (“Terms”) tell you the basis on which we will supply our goods (“Goods”) and services (“Services”) to you. Please read these Terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these Terms.
Please Note: These Terms only apply to "Consumers" (i.e. you are not a business, trade, profession or acting in the capacity of a director, sole trader or partner). If you are not a Consumer, please click here to access the business terms applicable to you.
In particular, we draw your attention to clause 21 below where we limit our liability to you
You may wish to retain a copy of these Terms for future reference or the Terms can be found online at https://www.everestmotorsltd.com/ (“Website”)

1

About Us

1.1 The Goods and Services are provided (and/or promoted as per section 6 of these Terms) by Everest Motors Limited, or certain garage equipment Goods and/or Services which may be provided through our Workshop Solutions division (“WS”) (“we/us/our”).

1.2 We are registered in England and Wales and have our registered office and main trading address at 511 - 513 Romford Road, Forest Gate, London, E7 8AD.

1.3 Our company number is 2574190 and our VAT registration is 549 2523 30.

1.4 Our group of companies includes our subsidiaries and holding company and those owned by our holding company in accordance with section 1154 of the Companies Act 2006 (“Group of Companies”)

2

About You

2.1 By placing an order with us, you warrant that:
    2.1.1 You are a Consumer;

    2.1.2 You are at least 18 years old and legally capable of entering into binding contracts;

    2.1.3 The information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not     misleading; and

    2.1.4 You are fully aware of our Terms.

2.2 You acknowledge that clause 5 of these Terms does not apply unless you are purchasing Goods and/or Services by mail order or from our Website (excluding click and collect and some WS Goods and/or services) as a Consumer (in other words, other than in the course of a business, trade or profession);

3

Application

A – General

3.1 These Terms apply to all Consumer sales of Goods and/or Services provided by us to you, except where it is expressly stated in the provisions that they shall apply to WS Goods and/or Services only.

3.2 If there is a conflict between the WS provisions and any other provisions within these Terms, the WS provision(s) will prevail unless those WS provisions conflict with current legislation. Please note, your statutory rights are not affected.

3.3 If you are purchasing Goods and/or Services via our Website, subject to section 5 of these Terms , no contract for the supply of Goods and/or Services (“Contract”) will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).

3.4 If you purchase Goods and/or Services by any means other than via our Website, the Contract will not come into existence until either your order (however it is placed) is accepted by the earliest of (i) our written acknowledgement of your order, (ii) delivery of the Goods or (iii) performance of the Services.

3.5 Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these Terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.

3.6 You agree that it is your responsibility to ensure that you have ordered the correct Goods and/or Services from us and that the Goods and/or Services are suitable and fit for the purpose(s) they are intended to be used for by you. Unless we expressly state otherwise, in writing, we do not provide advice on such suitability.

3.7 You further agree and must ensure that the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading. We shall not be held responsible for any inaccuracies incomplete or misleading information you provide to us.

B - Workshop Solutions

3.8 In addition to clauses 3.1 to 3.7 above the following clauses 3.8 to 3.17 shall apply to WS Goods and/or Services only.

3.9 In respect of certain WS Goods and/or Services ordered by you, you are solely liable for:

        3.9.1 any inaccuracies, incomplete and/or misleading information, including in relation to any design(s), plan for the location and         subsequent affixing of Goods; and    

        3.9.2 the suitability of the site and floor, including (but not exhaustively) the strength, depth, height, size, shape and the accessibility of the area for the Goods and/or Services to facilitate installation where applicable.

3.10 You will be bound by these Terms and once you have placed your order with us for the WS Goods and/or Services, we will verify and confirm your order pursuant to clause 3.12.

3.11 Without prejudice to your statutory rights of cancellation, no order for WS Goods and/or Services which has been accepted by us may be cancelled by you except with our agreement in writing subject to you indemnifying us in full against all losses (including loss of profit), costs (including the cost of all labour and materials used and delivery and return costs), damages, charges, expenses, any actions taken, legal and other professional costs incurred by us as a result of such cancellation.

3.12 Where applicable and agreed by us, the Services that we will be providing will be the supply, delivery and installation of the Goods at your site by us and/or our agents.

3.13 You must ensure that the terms of your order and all applicable specifications, site plans measurements and calculations, which you must provide to us, are complete, accurate and not misleading. Where specifications and site plans are provided by a third party or, in the case of measurements and calculations are made by our representatives and/or employees, you agree that it is your sole responsibility to ensure that these are complete and accurate. You acknowledge that the margins for error are extremely small and may cause considerable extra and time-consuming work to rectify, the costs for which you will be wholly liable.

3.14 You shall provide us with a fully completed and signed proforma installation / site ready certificate (“Certificate”) prior to the required installation date (which shall be at our sole discretion) where we are arranging the installation of Goods supplied to you. We and/or our agents may inspect the site following receipt of this Certificate and may elect without prejudice to our rights and remedies not to deliver or install the Goods until we are satisfied with the evidence provided by you to us confirming that the site is ready.

3.15 In providing us with a fully completed and signed Certificate and without prejudice to clause 6 you confirm that prior to the delivery and installation of the Goods by us, you confirm that:

        3.15.1 you have complied with all relevant environmental and health & safety laws and regulations along with the manufacturer’s         requirements in order for the Services to be carried out;

        3.15.2 the site is accessible and has the appropriate space requirements for the particular Goods and Services ordered by you;   

        3.15.3 the floor is accessible, clean, free from hazard;

        3.15.4 the concrete floor where the equipment will be installed is flat and level to the correct density and thickness as per the manufacturer’s         minimum requirements; and

        3.15.5 there are no pipes, conduits, cables for gas electricity, telecommunications or data running beneath the area in the floor in particular         where fixings may have to be placed.

3.16 Without Prejudice to any other rights and remedies of either party contained in these Terms and Conditions you agree that if you fail to comply with the provisions of clause 3.15 you will be responsible for and fully indemnify us for any costs and expenses and delivery and return charges incurred or which may be incurred by us (directly or indirectly) as a result of us or our agent unable or unwilling to deliver or install the Goods, where you have not complied with clause 3.15 and this clause 3.16.

3.17 You must ensure that prior to the installation of the Goods you obtain all necessary and appropriate permissions consents and authorisations and comply with all applicable and relevant laws and regulations in relation to the installation and, also, the use of the Goods. You agree to indemnify us for any costs, expenses and losses incurred by us, including all legal and other professional costs, where you have not complied with this provision.

3.18 These Terms and Conditions are incorporated into the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.

3.19 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.

4

Goods and Services

4.1 All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter (“Product Information”) are intended only to present a general idea of the Goods and/or Services described in them and the images of the Goods on the website or otherwise are for illustrative purposes only.

4.2 We reserve the right to deliver Goods of a modified design to that of the Product Information provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.

4.3 The Goods will conform in all material respects to the Product Information and/or any sample provided to and accepted by us. The Goods and/or Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.

4.4 We cannot guarantee that the appearance and/or colours of Goods (including without limitation paint) shown on the website or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves. Natural products may show some colour variations against your vehicle colour (whereby such vehicle colour may have been distorted due to e.g. weather conditions). where we agree to provide a specifically mixed paint product, you agree to check the accuracy and suitability of such product and use in accordance with any manufacturer’s guidance and instructions provided.

4.5 Please note that tools used to identify mixed paint products via printed samples or the manufacturer’s identification code or electronically analysed either through the Website and/or in-store (“Colour Identification Tools”) indicate the approximate colour of the product only, and are not representative of other characteristics such as the quality, durability or sheen of the eventual product purchased.

4.6 We recommend that you apply the mixed paint product (refer to clauses 4.4 and 4.5 above) to a test card or small inconspicuous area of bodywork first in order to compare to the actual surface to be painted, before undertaking your vehicle bodywork, and use in accordance with the manufacturer’s instruction and/or guidance.

4.7 All Goods supplied by us are subject to availability. We reserve the right in the event that we cannot supply you with the Goods that you have ordered, to supply you with substitute goods of equivalent or matching quality. In the event that you do not accept such substitute goods, we shall arrange and be responsible for the cost of collecting such substituted goods from you; subject to the goods being in the condition as provided at clause 6.5.3 and 16.6.2.

4.8 We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.

4.9 Technical specifications are approximations unless specifically stated otherwise.

4.10 You will not remove, alter, deface, obfuscate or tamper with any of the trademarks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so as appropriate action may be taken by us (or the manufacturer) against you for such infringements.

4.11 If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.

4.12 We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without our prior written consent.

4.13 Certain Goods are subject to legally prescribed age restriction. If you are placing an order for Goods that by law, we are only permitted to sell to customers who are 18 years of age or older, then by clicking the order confirmation button, you are also confirming to us that you are 18 years of age or older, and you must verify your age to us. You further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third party sources. We reserve the right not to supply age-restricted Goods where we believe that you are below the relevant minimum age.

4.14 In addition to the provisions of this clause 4 and in respect of appropriate WS Goods:

        4.14.1 Our employees, representatives or agents are not authorised to make any representations concerning the Goods or their         installation unless confirmed by us in writing. You acknowledge that you do not rely on any representations that have not been         confirmed in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

        4.14.2 Any advice or recommendation given by our employees, representatives or agents to you or your employees as to the storage,         application, use, servicing or maintenance of the Goods which is not confirmed in writing by us is followed or acted upon entirely at         your own risk, and we shall not be liable for any such advice or recommendation which is not so confirmed in writing.

        4.14.3 We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be         used for the purposes intended in any contract between us and you and not for any other purpose without our permission. It must be         returned on demand.

5

Consumer Rights - Rights to Cancel

A. Clause 5 only applies if you are a Consumer AND purchasing Goods and/or Services by mail order or from our Website.

B. Where you purchase Goods in-store or use our click and collect facility, your purchase will take place in-store and this clause 5 shall not apply.

C. This Clause 5 shall also not apply to some WS Goods and/or Services due to their special order nature.


5.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel the Contract (subject to clause 5.8 below) for any item bought on the Website for a full refund (except for certain WS Goods) within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good(s).


5.2 To exercise the right to cancel email customer services on admin@everestmotorsltd.com, or call 0208 472 1888, or write to us at Everest Motors Ltd 511 - 513 Romford Road, Forest Gate, London, E7 8AD to inform us of your decision to cancel your order by a clear statement (setting out your name, geographical address, order number and, where available, your telephone number and an e-mail address). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.3 If you cancel the Contract under this clause 5, we will reimburse to you all payments received from you, including the costs of delivery (except in the case of WS Goods and for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please take reasonable care of the Goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied to you, if the loss is the result of unnecessary handling of the goods by you.

5.4 We will make the reimbursement without undue delay, and not later than –

        5.4.1 days after the day we receive back from you any Goods supplied; or

        5.4.2 (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or

        5.4.3 if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.

5.5 Where possible we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement, subject to the provisions of clause 5.3. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

5.6 You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods.

5.7 If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection. We charge a flat fee of £7.00 for collection, except for the collection of WS Goods, which will be charged by us or our agents on a full indemnity basis.

5.8 The right to cancel does not apply to the following kind of contracts:    

        5.8.1Contracts for the supply of WS Goods and/or Services;

        5.8.2 Contracts for the supply of Goods that are made to the Consumer’s specifications or are personalised;

        5.8.3 Contracts for the supply of Performance Goods as further detailed at Clause 14;

        5.8.4 Contracts for the supply of Goods which are liable to deteriorate or expire rapidly;

        5.8.5 Contracts for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were         unsealed after delivery;

        5.8.6 Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items (such as         paint);

        5.8.7 Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after         delivery; and

        5.8.8 Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of         such publications.

Our Goodwill Guarantee

5.9 Please note, the terms in clauses 5.9 to 5.11 do not apply to WS Goods but generally reflect the goodwill guarantee offered by Everest Motors Ltd 511 - 513 Romford Road, Forest Gate, London, E7 8AD to its UK Consumers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty products (see clause 15.2) or misdescribed products (see clause 16.3):


Right under the Consumer Contracts Regulations 2013 - 14-day period to change your mind. 365-day period to change your mind.

How our goodwill guarantee is more generous - This 365-day period does not apply to WS Goods.

5.10 We shall have no liability for incorrect Goods purchased by you online for foreign registered cars once the cancellation period in this clause 5 lapses. We will not offer advice to customers in respect of the suitability of any Goods prior to purchase.

5.11 You may also cancel an order for Services within 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

Electronic Equipment & Software

*5.12 Any electronic and/or computer data or programme(s) (or parts or developments thereof) and/or any programming code(s) including source code(s) and object code(s) (“Software”) may be made available to you via the purchase of certain electronic Goods (e.g diagnostic kits). In order to benefit from using such Software you may be required to purchase a license through a single payment, multiple payments or subscription payment(s) (“Software Payments”) with the manufacturer or other third parties (“Software Owner”). By ordering such electronic Goods (including any Software) you acknowledge and agree that we have no control over such Software or Software Payments notwithstanding we may collect these Software Payments on behalf of the Software Owner.

*5.13 By using the Software, you agree to be bound by the Software Owner’s terms and conditions.

*5.14 We do not create or commission the creation of any Software and cannot be held responsible for the content or for any changes, mistakes, faults, defects, inaccuracies, irregularities or any other problems (“Software Problems”) encountered with any Software data. Any Software Problems will be the Software Owner’s responsibility and should be directed to the Software Owner.

*5.15 Notwithstanding the remaining provisions of this clause 5, you acknowledge and agree that whilst you may cancel your Order for certain Goods within 14 days and we may reimburse you for such Goods (e.g diagnostic kits) we cannot reimburse you for any Software Payments.

*5.16 You will be wholly responsible for the use of the Software and any Software Payments incurred or to be incurred and we shall have no liability to you in this regard.

*5.17 In the event that the Software has been opened/used/activated, you shall not be entitled to any refund for the Software.

*5.18 Nothing in this clause affects your statutory rights.

6

Promotions and Incentives

7

Prices

8

Quotations

8.1 Unless otherwise stated all quotations are valid only for 14 days from their date of publication. 

9

Payment

9.1 Payment of Goods and Services will be made in full to us without deductions or set-off in cash/guaranteed cheque/credit debit card or bank transfer when an order is placed.

9.2 Payments by credit or debit card will only be accepted where the card holder is present in person at our premises or where the card in question has been verified on our Website, subject to clause 5.

9.3 Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or installation), if you fail to pay the invoice price by the due date to us or to any of our Group of Companies we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and reimburse to us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.

9.4 If you only make a part payment towards any invoice or for any debts owed to us or our Group of Companies then we are required to allocate your payment in equal proportions to the amounts outstanding and you cannot choose how the payment is allocated. We may at our sole discretion apply the money that you have paid against invoices raised or debts due to us in the order in which they occurred (being against the oldest debt first).

9.5 All cheques provided to us by customers who do not hold a credit account with us are approved for acceptance by our appointed agents. In the event of a cheque not clearing by our bank and being represented or returned to the drawer, our appointed agents shall contact you and will charge a fee of a minimum of £75 for each cheque so returned to cover bank charges and administration costs. Our agents may apply additional charges and/or vary their charges from time to time and any charges applied will have to be paid by you. For all cheques provided to us by customers with credit accounts, which when cashed by us, are not cleared by our bank and are being represented or returned to the drawer, we shall charge £25 for each cheque so returned to cover our bank and administration charges. To avoid the aforementioned charges, we advise that you have the sufficient and cleared funds in your account when making any payment to us.

10

Delivery

11

Unloading

11.1 It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us otherwise in writing. We will inform you in advance if any special means will be required to unload the Goods at your premises. 

12

Storage andf Displosal

13

Risk and Title

13.1 Subject to the remainder of this clause 13, risk (responsibility) in the Goods passes when Goods are delivered to you.

13.2 For the purpose of section 12 of the Sale of Goods Act 1979 we will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party will transfer only such title or rights as that party had and has transferred to us.

13.3 Notwithstanding clause 13.2, title (ownership) in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you including any invoice outstanding from our Group of Companies to you (including interest and costs) has been paid in full.

13.4 We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.

14

Performance Goods

15

Warranty

16

Refunds Policy

17

Exchange unit Surcharge

17.1 Where service exchange units are purchased, you will be invoiced with a sum referred to as a “surcharge” which is in respect of the old unit that you may return to us. If the old unit is returned within 7 days from the delivery date a credit note will be issued by us in respect of the “surcharge” provided that the old unit is identical to the unit purchased and in a condition in our sole discretion that enables it to be re-manufactured. 

18

Service

18.1 We will perform the Services with reasonable care and skill.

18.2 If we fail to perform the Services in accordance with clause 18.1 or at all, then your sole remedy will be for the specific performance only of those Services by us.

18.3 In this clause 18, time will not be of the essence, so any timescales given by us to you in respect of the performance of the Services are approximate only.

19

Installation

19.1 If the Services include installation services, we will provide detailed instructions to you about site preparation and other requirements required during the installation which you must strictly comply with.

19.2 If you fail to fully comply with the requirements in clause 19.1, we reserve the right to charge you for any additional work required as a result or if we are unable to complete the installation.

20

Support and Maintenance

21

Limited Liability

22

Termination and Suspension

22.1 We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under the Contract or any other agreement with us or if any of the events set out in clause 13.8 occur.

22.2 On the termination of the Contract for any reason:

        22.2.1 we will not be obliged to supply any Goods and Services ordered by you unless already paid for; and

        22.2.2 all payments payable to us under the Contract will become due immediately upon termination of this Contract despite any other         provision.

22.3 The termination of this Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.

22.4 Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation. 

23

Anti - Bribery

23.1 You shall:

        23.1.1 comply with all applicable and relevant laws, statutes, regulations relating to anti-bribery and anti-corruption including but not         limited to the Bribery Act 2010;

        23.1.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act         2010 if such activity, practice or conduct had been carried out in the UK;

        23.1.3 not induce or reward us or any of our directors, officers, representative, contractors or personnel to perform or improperly         perform a function or activity in connection with this Contract;

        23.1.4 not directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for         improper performance of a function or activity in connection with this Contract, other than where a bona fide promotions and/or         incentive is run by us (see clause 6 for further details on such promotions and incentives);

        23.1.5 if you are a business, organisation, partnership, limited liability partnership or a company, have and maintain in place throughout         the Contract your own policies and procedures including but not limited to adequate procedures under the Bribery Act 2010 to ensure         compliance with the same and to enforce where appropriate;

        23.1.6 promptly report to us any request or demand for any undue financial or other advantage of any kind received by us or our         directors, officers, representative, contractors or personnel or any undue financial or other advantage of any kind given by us in         connection with the performance of this Contract.

23.2 Without prejudice to clause 22.1, we may terminate the supply of any Goods or Services to you forthwith if you breach any of the provisions of clause 23.1 above.

24

Force Majeure

24.1 We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control as determined solely by us. 

25

Complaints

26

Alternative Despute Resolution

26.1 In the event that you have any disputes in relation to Goods and Services purchased from us by you, then both parties shall use reasonable endeavours to resolve the dispute in good faith either, or via our Customer Service Team (who can be contacted by email at admin@everestmotorsltd.com or alternatively you call on 0208 472 1888).

26.2 However, should any disputes not be resolved to your reasonable satisfaction in accordance with clause 26.1; you have the option, as per the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (“ADR Regulations”) to use Alternative Dispute Resolution (“ADR”) to resolve your dispute with us. ADR will allow both parties to use an independent third party to review any disputes impartially and act as an intermediary with the view to settling any disputes between us.

27

Law and Jurisdiction

27.1 This Contract will be governed by English law and you consent to the exclusive jurisdiction of the English courts in all matters regarding it. 

28

Notice

28.1 Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, by facsimile transmission (the latter confirmed by post), by email (evidence confirming the same by post) or by any other means which any party specifies by notice to the other.

28.2 Each party's address for the service of notice will be:

        28.2.1 Us - the address specified in clause 1.2 or such other address and facsimile number as we specify by notice to you; and

        28.2.2 You - the address and facsimile number given to us at the time an order is placed with us.

28.3 A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted, if it was served by facsimile transmission, at the time of transmission and if via email once it has been transmitted.

29

Data Protection

29.1 Our Privacy Policy and Cookie Policy explains what personal information and personal data we collect about you, how that personal information/data is used, what your rights are, how we use, protect and disclose your information, legal basis for processing your information, information relating to cookies and data retention when you use the website: www.everestmotorsltd.com (“Website”) You can view both our Privacy Policy visiting: https://www.everestmotorsltd.com/policy and our Cookie Policy by visiting: https://www.everestmotorsltd.com/cookiepolicy. Please note that when you agree to these Terms it shall be deemed that you have read and understood our Privacy Policy and Cookie Policy in their entirety. 

30

General

30.1 Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.

30.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.

30.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.

30.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

30.5 Save as for any of our Group of Companies which shall be entitled to enforce for its own benefit any of the provisions in this Contract which expressly or by implication apply to or confer a benefit on it, neither of us intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

30.6 Subject to clause 30.8, this Contract is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract or deal in any other manner with any or all of its rights and obligations under this Contract without the prior written consent of the other party such consent not to be unreasonably withheld or delayed.

30.7 Each party confirms it is acting on its own behalf and not for the benefit of any other person.

30.8 We may assign, transfer or subcontract any or all of our rights and obligations under this Contract to a member of our group of companies without any requirement to obtain consent from you.

Mobirise
Address

Everest Motors Ltd
511 - 513 Romford Rd,
Forest Gate,
London,
E7 8AD

Contacts

Email: admin@everestmotorsltd.com
Phone Line 1: 020 8472 1888
Phone Line 2: 020 8472 3888

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