1. INTRODUCTION
Please read these terms and conditions carefully before using this website operated by Vespucci Inc trading as TAROX US, having our registered office at 3202 Regal Drive, Alcoa, TN 37701. By accessing or using our Website, you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.
If you have any other queries on how to use this site, please phone +44-1706-222-872. You can also email us with a brief outline of your problem.
Details of procedures, products, services, prices, payment and delivery are displayed on our website. If you choose to place an order, you will be given clear instructions on how to navigate our simple online order process and you will be required to provide us with your accurate personal details.
Please:
1. Read through these terms and conditions carefully before using this website.
2. Print a copy for future reference.
3. Read our privacy policy section regarding your personal information.
If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us via email at usoffice@tarox.com or by mail at 3202 Regal Drive, Alcoa, TN 37701.
2. GENERAL
We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding stock availability on the website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.
3. DEFINITIONS
‘Conditions’ means these terms and conditions.
‘We/us/our’ means Vespucci Inc.
‘Website’ means the website located at www.taroxbrakes.us or any subsequent URL which may replace it or sit alongside it.
‘You/your’ means a user of the Website.
‘Working days’ mean Monday to Friday (excluding public holidays).
4. ORDER PROCESS
Orders will only be accepted from persons over the age of 18 resident in the United States of America.
All orders are subject to acceptance and availability. If any goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available from stock or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to acceptance.
You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not accept an order unless all details requested on the order form have been entered correctly.
You acknowledge that any automated acknowledgement of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website.
The conclusion of a contract between you and us will take place when we accept your order by (i) debiting your credit or debit card, or (ii) dispatching goods to you/making goods available for download by you or commencing the services, whichever is the earlier.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Each item or service purchased is sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
We are entitled to refuse any order placed by you and will not be required to provide an explanation.
5. DELIVERY
Goods will be delivered to you, the buyer, at the address provided by you on the order form.
We can only deliver to the address that is the billing address of your credit/debit card.
All goods must be signed for by an adult aged 18 years or over on delivery.
You will become the owner of goods you have ordered when they have been paid for and delivered to you.
Any dates quoted for delivery of goods are approximate only and we shall not be liable for any delay in delivery of goods however caused. If, however, we are unable to deliver your goods by the date quoted for delivery, you, the buyer, shall be entitled to cancel the order at any time before delivery takes place.
6. PAYMENT
All prices are exclusive of tax (where applicable) at the current rates and are correct at the time of entering the information onto the system. Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the US unless otherwise specified. Prices are in US dollars unless otherwise specified.
We reserve the right, by giving notice to you, the buyer, at any time before delivery or performance to increase the price of goods or services to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).
In the unlikely event of there being such an increase in the price of goods or services you, the buyer, shall be entitled to cancel the order at any time before delivery or performance.
In the unlikely event that the price or description of an item or service has been incorrectly advertised, we will contact you by email, telephone or mail to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already dispatched or commenced performance of your order, we will not be obliged to supply products or provide services at the incorrect price or based on an incorrect description.
Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
However, we do not accept Amex cards. Payment will be debited and cleared from your account before the despatch of your goods or provision of the service to you.
By placing an order, you, the buyer, consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
Title to the goods will pass to you, the buyer, on delivery of the goods.
We will issue you with an electronic receipt to your email address once the goods have been dispatched.
When you pay for your order by credit or debit card, we carry out checks or ‘authorisations’ with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details.
7. ELIGIBILITY
To be eligible to purchase goods or services on this Website and lawfully enter into and form contracts on this Website, you must:
If an individual, be 18 years of age or over; and register your real name, address, phone number, email address and any other details requested.
If you are under 18, please ask an adult to contract on your behalf. By offering to purchase goods and services, you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
8. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
No licence is granted to you in these Conditions to use any trade mark of www.taroxbrakes.us or its affiliated companies.
Goods and services sold by us may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
9. WEBSITE
We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
Products, services, prices and offers are only valid at the time they are published on our Website. All images should be used only as a guide or representation of the item.
All drawings, descriptive matter and specifications of goods and services on the Website are for the sole purpose of giving an approximate description of the goods and services.
We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability.
We reserve the right to:
9.1. modify or withdraw, temporarily or permanently, this Website (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; and/or
9.2. change the Conditions from time to time, and your continued use of the Website (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.
You may not use the Website for any of the following purposes:
9.3. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
9.4. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
9.5. breaches any relevant laws, regulations or code of practise;
9.6. gaining unauthorised access to other computer systems;
9.7. interfering with any other person’s use or enjoyment of the Website;
9.8. breaching any laws concerning the use of public telecommunications networks;
9.9. interfering or disrupting networks or websites connected to the Website; and
9.10. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
10. LIMITATIONS UPON LIABILITY
We aim to ensure that all information supplied is correct. However, we cannot be responsible for the use of the information given.
Advice given by TAROX staff on the telephone or by email is based entirely upon information given by the purchaser with no inspection undertaken. As such, all advice given is indicative only and should be checked by the purchaser prior to order. Where advice is given after visual inspection by TAROX staff such advice shall amount to an opinion only.
Goods are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure will be accepted by TAROX for such alternative use, amendment or modification.
We always do our best to deliver goods within the timescale quoted at the time of ordering but sometimes there can be a delay which is outside our control. As such, any dates we specify for the delivery of goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods. (We strongly recommend that you do not make arrangements to have parts fitted until they have arrived. We will not be held responsible for any charges incurred if such arrangements have to be cancelled due to a delay in delivery.)
All goods are subject to availability. If we do not supply the goods for any reason your credit card will be refunded the full amount. Vespucci Inc will not be responsible for compensating you for any other losses which you may suffer if we do not supply the goods.
Goods may not be compatible with vehicles which have been modified, adapted or altered. Where goods ordered by the Purchaser are not compatible by reason of modification, adaptation or alteration, we may accept such goods back into stock entirely at our discretion and will either issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will operate.
Under no circumstances will Vespucci Inc be held liable for any fitting charges incurred by the purchaser. It is the purchaser’s responsibility to ensure he has the correct parts prior to fitting. This can be as simple as comparing shape and size of the new items with the parts to be removed from the car.
No liability is accepted by Vespucci Inc where purchasers attempt to modify or install components where it is known or ought reasonably to be known to the purchaser that the part is incorrectly supplied or otherwise not in accordance with the order.
11. FORCE MAJEURE
We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.
12. REGISTRATION
You warrant that:
12.1. the personal information which you are required to provide when you register is true, accurate, current and complete in all respects;
12.2. you are not impersonating any other person or entity and
12.3. you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.
13. PRIVACY POLICY
In order to monitor and improve customer service, we sometimes record telephone calls.
You can find full details of our Privacy Policy on the Website.
14. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. EXTERNAL LINKS
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
15.1. the privacy practices of such websites;
15.2. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
15.3. the use which others make of these websites 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 advertising, content, products, goods or other materials or services available on such external websites or resources.
16. OVERSEAS ORDERS
We can ship overseas subject to extra shipping or postage costs, as well as any additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will have an opportunity to cancel your order in case these costs are not satisfactory.
17. GOVERNING LAW AND JURISDICTION
The Website is controlled and operated in the United Kingdom.