Terms and Conditions

Arnold Clark Automobiles Limited trading as Arnold Clark BMW Parts is a company registered in Scotland No. 036386. Registered Office: 454 Hillington Road, Hillington, Glasgow G52 4FH, UK. VAT registration number: GB 334331879. Contact us on 0141 950 4018 or send an email to kirkcaldy.parts@arnoldclark.com

General

Access to and use of this website, and the products and search services available through this website (collectively, the ‘Services’), are subject to the following terms, conditions and notices (the ‘Terms and Conditions’). By using the Services, you are agreeing to all of these terms, conditions and notices without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This website also contains links to other websites, web pages and services, which are not operated by Arnold Clark BMW Parts (the ‘Linked Sites’). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. Arnold Clark BMW Parts has no control over such Linked Sites and information.

Retail of products and services

By making an order, you are offering to purchase a product that we will accept to sell to you on the following terms and conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability, and any guarantees, warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Arnold Clark BMW Parts will email an order confirmation. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to make your purchase, and that there are sufficient funds to cover the cost of the goods. It is your responsibility to inform us of any changes to these details as soon as possible. All prices advertised are subject to such changes.

Online payments – cancellation and refunds

When making an online payment, an order can be made by completing the appropriate online form and making a successful payment with a credit or debit card. By placing an order and entering into a contract you are confirming you are at least 18 years old and capable of entering into a binding contract.

Where you place an order through our website you will be given the opportunity to review the details and edit or cancel the order before making a payment. In accordance with the The Consumer Protection (Distance Selling) Regulations 2000 and European Directive 97/7/EC you may cancel a contract at any time within 7 working days, beginning on the day after you receive the goods (the 'cooling-off period').

If you wish to cancel the contract within this cooling-off period, a refund (or if you require an exchange or replacement) will be provided in accordance with our returns policy. (This only applies to orders made by individuals).

In the event that notification to cancel is given after the expiry of this time period, then save as where goods are defective we reserve the right to issue only an exchange or replacement.

Notice of cancellation should be made in writing to Arnold Clark BMW Parts, Carberry Place, Kirkcaldy, KY1 3NQ or email kirkcaldy.parts@arnoldclak.com

You must return the goods to us in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The goods must not have been used and, where applicable, must not have been removed from the sealed packaging. You must provide proof of purchase in the form of our invoice for the original supply of such goods. In the event that an invoice is unavailable, a bank or credit card statement may suffice at our sole discretion.

Arnold Clark BMW Parts shall have no liability for incorrect goods purchased by you online for foreign registered cars once the cooling-off period lapses. To minimise the chance of the purchase of any incorrect goods, we advise that customers with foreign registered vehicles call our parts specialists on 01592 657842 or send an email to kirkcaldy.parts@arnoldclark.com. We can offer guidance and confirm that any goods are correct prior to purchase. Your statutory rights are not affected.

Delivery within the UK

Your order will be fulfilled by the delivery date supplied in the dispatch confirmation email sent to by the courier or, if no delivery date is specified, then within 30 days of the date of the dispatch confirmation email.

Overseas delivery

Please note that we currently do not offer overseas delivery. Our services are limited to customers within the UK, and all orders placed on our website can only be delivered to UK addresses. We apologise for any inconvenience this may cause.

Warranties

The services and all information, products and other content included in or accessible from this website and the linked sites, are provided on an ‘as is’ and ‘as available’ basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, Arnold Clark BMW Parts disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this website or Linked Sites.

Disclaimer of liability

Unless expressly stated to the contrary, and to the fullest extent permitted by law, Arnold Clark BMW Kirkcaldy, its content providers, advertisers or Linked Sites shall not be liable for any damages whatsoever, including, but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites, even if Arnold Clark BMW Kirkcaldy had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.

Indemnity

You agree to indemnify, defend and hold harmless Arnold Clark BMW Parts, its directors, officers, employees, consultants, agents, and affiliates from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Arnold Clark BMW Parts services, your breach of the terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

Invalidity

If any part of the terms of service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the terms and conditions will not be affected, with all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Governing law and jurisdiction

Upon entering the Arnold Clark BMW Parts website you are bound by these terms and conditions. These terms and conditions are to be construed in accordance with Scottish Law and irrespective of your place of domicile. In the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the Scottish courts. Any dispute in any way referable to the content of this website, whether in respect of its trademarks, copyright or image content, shall be resolved exclusively by arbitration, the terms of which are to be agreed between Arnold Clark BMW Parts and you, and provide no right or recourse to any relief from the Scottish courts whether interim or otherwise. By accessing this site, you waive your right for all time to any such right.

Viruses, hacking and other offences

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Arnold Clark BMW Parts will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.

Linking

You may link to the home page of this website, provided you do so in a way that is fair and legal and does not damage the reputation of Arnold Clark BMW Parts or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Arnold Clark BMW Parts where none exists.

This website must not be framed on any other site. Arnold Clark BMW Parts reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with applicable law and regulation.

Where this website contains links to other websites and resources provided by third parties, these links are provided for your information only. Arnold Clark BMW Parts has no control over the content of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Termination

Arnold Clark BMW Parts may at any time terminate or suspend any part of the Service without notice to you.

Copyright

This website, including but not limited to, its content, layout and design, are copyright of Arnold Clark BMW Parts and its licensors. No part of this website may be reproduced in any form without the express permission of Arnold Clark BMW Parts.

However, permission is granted to you to electronically copy and to print in hard copy portions of any pages of this website for the sole purpose of conducting business with Arnold Clark BMW Parts.

Entire agreement

The above terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Arnold Clark BMW Parts. Any waiver of any provision of the terms of service will be effective only if in writing and signed by a director of Arnold Clark BMW Parts.

Disclaimer

Arnold Clark BMW Parts may suspend access to this website, or close it indefinitely, without notice. Arnold Clark BMW Parts makes every effort to ensure that the information contained in this website is accurate and current. However, we give no warranty or undertaking as to the quality or freedom from error of the contents of this site.

To the extent permitted by law, access and use of this website is entirely at your own risk. Please ensure that you regularly check for and protect against viruses when using this website, as we make no guarantee that this website is free from computer viruses or any other malicious or impairing computer program.