12.1. OUR PRODUCTS
12.1.1. Products may vary slightly from their pictures. Any images of Products on the Site are for illustrative purposes only. We cannot guarantee that your device accurately reflects the colour of the Products. Your Products may vary slightly from those images.
12.1.2. Product packaging may vary. The packaging of the Products may vary from that shown on images on the Site.
12.1.3. Availability of Products. All Products shown on the Site are subject to availability.
12.2. TERMS OF SALE: FOR CONSUMERS
12.2.1. This paragraph 11.2 only applies if you are a consumer.
12.2.2. Age restrictions on purchasing Products and Driving Experiences. If you are a consumer, you may only purchase Products from the Site if you are at least 18 years of age and resident in the United Kingdom (if ordering a Driving Experience, please be aware that the individual participating in the experience will need to be at least 21 years of age by the date for which the experience is booked).
12.2.3. Getting advice about your consumer rights. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12.3. TERMS OF SALE: FOR BUSINESS CUSTOMERS
12.3.1. This paragraph 12.3.1 only applies if you are a business or are acting in the course of a business.
12.3.2. You confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
12.4. HOW THE CONTRACT FOR SALE OF PRODUCTS IS FORMED BETWEEN YOU AND US
12.4.1. Our contract with you. Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract for the sale of Products ('Contract') is made between us in relation to your order:
a) Ordering. After choosing the Product(s) you wish to purchase and signing into your account, you place your order for your Product by pressing the 'Pay Now' button at the end of the check-out process and submitting your payment details to us.
b) Reviewing order. Before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection of Products and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process.
c) Accepting our terms. You will be asked to click to confirm that you accept our Terms. If you do not wish to be bound by what you read you should not place any orders through the Site.
d) Acknowledgement of your order. Once you have submitted your order details, you will see an on-screen acknowledgement that your Product(s) has been placed in the 'Order History' area of your account. You will receive a receipt for your payment and an acknowledgement of your order by email. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 12.4.1e).
e) Our acceptance of your order. We will confirm our acceptance of your order to you by sending you an email that confirms the Products you have ordered ('Order Confirmation'), unless, prior to dispatch, we notify you that we do not accept your order (see paragraph 12.4.2 below). The Contract between us will only be formed when we send you the Order Confirmation. For registered users we keep a record of the orders that you place with us in the 'My Orders' area, which you can view by logging-in to your account.
12.4.2. If we cannot accept your order. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or the Driving Experience has been cancelled or because of an error in the price on our Site as referred to in paragraph 12.7.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
12.5. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
Changes to your order. If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (please see paragraphs 12.13 to 12.24).
12.6. OUR RIGHTS TO MAKE CHANGES TO THESE TERMS
Changes to these Terms and the Products. We may revise these Terms and the Products from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. For further information, please see paragraph 24.
12.7. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.7.1. Delivery costs. The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site from time to time.
12.7.2. Postage and Packaging:
a) postage and packaging for most products is charged at £3.95 per order, however products with higher values and weights may incur additional delivery charges and lead-times. Additional charges will be highlighted and explained in the delivery options section of your checkout basket;
b) should you wish to utilise a faster delivery service on most items, please select the 24 hour express service at checkout. This is charged at £7 per order and all orders placed before 2pm should be delivered within one working day, except weekends and bank holidays, or where a longer lead time has been specified due to stock availability;
c) for all orders above £100, the Express and Signed For delivery will automatically be pre-selected; and
d) where an item is considered heavy or where the dimensions are considered non-standard, in the opinion of our chosen delivery partner, delivery shall be charged at £28 per order.
12.7.3. Where to find the price for the Product? The prices of the Products will be as quoted on the Site. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation. If we discover an error in the price of Product(s) you ordered, please see paragraph 12.7.5 for what happens in this event.
12.7.4. We will pass on changes in the rate of VAT. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.7.5. What happens if we got the price wrong? We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, the Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
a) where the Product's correct price is less than the price stated on the Site at the time you placed your order, we will charge the lower amount when dispatching the Products to you; and
b) where the Product's correct price is higher than the price stated on the Site at the time you placed your order, we do not have to provide the Products to you at the incorrect (lower) price as the Contract between us, formed when we send you the Order Confirmation, will not yet have been formed. We will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct (higher) price or cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12.7.6. What to do if you think an invoice is wrong? If you think an invoice is wrong please contact us at firstname.lastname@example.org promptly to let us know and we will not charge you interest until we have resolved the issue.
12.8. HOW TO PAY
12.8.0. We currently accept various forms of payment for Products including credit/debit card and gift vouchers. When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
12.8.1. As you begin the checkout procedure you will be asked to fill in the billing address of the card you have chosen to pay with and your chosen delivery address.
12.8.3. When the payment is complete you will be automatically returned to the AudiStore, where you will find your unique order number.
12.8.4. All prices are shown in UK Pounds Sterling and exclude delivery charges.
12.8.5. When to pay. Payment for the Products and all applicable delivery charges is taken in advance.
12.9. GIFT VOUCHERS
12.9.0. Gift vouchers are available for order on this Site and can be purchased as an electronic code which we send to the email address you specify. The electronic code is usually sent when the order is confirmed and payment is made. If you have not received your code within 2 hours, please contact us at: email@example.com.
12.9.1. Gift vouchers can only be redeemed on the Site towards the purchase of Products and cannot be used in our Audi Centres. The gift voucher cannot be used to pay for Audi gift vouchers sold on the Site. For the avoidance of doubt, a Driving Experience Voucher shall not be considered a gift voucher for the purposes of this paragraph 12.9.
12.9.2. You cannot exchange gift vouchers for cash. We do not give change or cash refunds on gift voucher transactions.
12.9.3. Gift vouchers are not transferable or assignable. If the Products purchased online total less than the value of the gift voucher, we will leave any balance as a credit for you and can be viewed on the "check voucher balance" section on the Site.
12.9.4. If an order exceeds the amount of the gift voucher, the balance must be paid with (or with any combination of) an alternative payment method accepted on the Site.
12.9.5. Where Products you have purchased with a gift voucher are subsequently returned to us, monies owing to you will be refunded by way of a gift voucher or to you as a store credit, which can be viewed on the "check voucher balance" or "Store Credit" section on the Site as applicable.
12.9.6. Please check the upper, lower and numeric cases of the gift voucher text carefully when entering the gift voucher code(s).
12.9.7. Please note that some Products available for sale on the Site may not be purchased by persons under a specified age. If you are planning to give a gift voucher to someone under 21 years of age, please ensure that they are made aware that some Products are unavailable to them (such as a Driving Experience).
12.9.8. One or more gift vouchers can be redeemed against an order. Gift vouchers can be combined with one promotional code.
12.9.9. Gift vouchers and unused portions of gift vouchers will expire 12 months from the date of issue. We will not refund any balance remaining and we will invalidate the voucher.
12.10.1. If the Product is a Driving Experience. You shall be required to contact our Driving Experience partner Silverstone Circuits Limited to book a date and time for the Driving Experience, by selecting from a list of pre-determined dates and times, all such dates being subject to availability. This date and time will promptly be confirmed to you by Silverstone Circuits Limited via email.
(This section applies to physical Products only)
12.10.2. We will aim to dispatch your order within two working days. Where there is a longer lead time due to stock availability, you will be notified on the product detail page.
12.10.3. Delivery times are usually Monday to Friday (excluding Bank Holidays) 7.00am - 6.00pm.
12.10.4. We are not responsible for delays outside our control. Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless prevented by circumstances beyond our reasonable control. If we are unable to meet the estimated delivery date because of such circumstances, we will contact you with a revised estimated delivery date.
12.10.5. When will completion of delivery take place? We will deliver the Products to the address you give us. Delivery will be completed when you or a person you have identified has taken physical possession of the Products.
12.10.6. If you are not at home when the Product is delivered. If no one is available at your address to take delivery, our logistics partner will leave a card that the Products have been returned to their delivery office, in which case, please contact them rearrange delivery.
12.10.7. When will you become responsible for the Products? The Products will be your responsibility from the completion of delivery.
12.10.8. When will you own the Products? You own the Products once we have received payment in full, including all applicable delivery charges.
12.11. NO INTERNATIONAL DELIVERY
We only sell to the UK. Unfortunately, we do not deliver to addresses outside the UK.
12.12. MANUFACTURER GUARANTEES
12.12.0. Products with manufacturer's guarantees. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. For terms & conditions of the Audi new car warranty visit https://www.audi.co.uk/content/dam/audiadaptive/PDFs/FV-Audi-New-Warranty-Terms.pdf.
12.12.1. What is a manufacturer guarantee? If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.13. CANCELLATIONS AND RETURNS
12.13.0. These paragraphs 11.13 to 11.24 set out details of your rights to cancel or return the Products you order.
12.13.1. Please see paragraph 11.17 and 14.21 to 14.26 for details on how to cancel a Driving Experience.
12.14. EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (CONSUMER CONTRACTS REGULATIONS 2013)
12.14.0. Your right to change your mind. If you have received a Product and change your mind, you may cancel the order and obtain a refund for that Product provided you notify us within 14 days of receipt, in accordance with paragraphs 12.14 to 12.24 of these Terms.
12.14.1. How long do you have to change your mind?
a) Your legal right to cancel a Contract ends 14 days after the day on which you or a person you have identified takes physical possession of the Product. However, if you have ordered:
i more than one Product in a single order or the order is made of several lots or pieces, your legal right to cancel will not end until 14 days after the day on which we complete the delivery of the last of those Products, lots or pieces; or
ii a regular delivery of Products over a defined period, your legal right to cancel will 14 days after the day on which we complete the delivery of the first of those Products.
12.15. What about other contracts I have entered into? If you cancel a Contract, all ancillary contracts you have entered into associated with the cancelled Products will be automatically cancelled (for example any consumer credit arrangements or extended Product warranties) at no cost to you.
12.16. When you DO NOT have the right to change your mind. We cannot offer refunds or exchanges, unless faulty or not as described, on the following items:
12.16.0. gift vouchers;
12.16.1. any Products made to your specification;
12.16.2. software, DVDs or CDs which have a security seal which you have opened or unsealed (such as the Audi retrofit navigation function); or
12.16.3. any Products that have been sealed for health or hygiene reasons which you have opened or unsealed.
12.17. You DO NOT have a legal right, under the Consumer Contracts Regulation 2013, to cancel a Driving Experience. This is because we agree with you a specific date for performance. However, we do however provide our own cancellation policy for the Driving Experience, as set out at paragraphs 15.21 to 15.26, below.
12.18. Return of Products at your own cost. You will need to arrange for return of the item(s) to us at your own cost, quoting your order number. Please see paragraph 12.23 for details regarding returning your Products to us. We will only reimburse you for any delivery or other costs that you incur in returning damaged or faulty Products to us, or where the product is not as described. Your relevant order number must be quoted on all returns.
12.19. Taking reasonable care of the Products whilst they are in your possession. You may of course inspect the Products that you purchase from us. However, whilst you are deciding whether to keep your purchases, you do have a statutory duty to take reasonable care of our Products. Accordingly, please do not damage the Products whilst you inspect them and please store and handle all Products with care and in a manner that is appropriate for the type of Product, including in accordance with any user manuals. Products must be returned complete (i.e. with any accessories or other parts that you receive with the Products) and, where possible, with all original packaging.
12.20. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
12.20.0. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
12.20.1. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
12.21. IF THERE IS A PROBLEM WITH THE PRODUCT
12.21.0. Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.21.1. Your right to cancel an order for receiving defective or mis-described Products. In the unlikely event that you receive a defective or mis-described Product or a fault develops with an item(s) you order from us, then please notify us in the manner set out in paragraph 12.22.0 Please do not return any items until you have received confirmation from us to do so.
12.21.2. How to tell us about problems. If you feel that any Products you have ordered from us are unsatisfactory or you are unhappy with any aspect of the service we provide to you, we would like to hear from you. You can contact us by phone on 0844 3350 474, or by email at firstname.lastname@example.org, or write to us at Audi Merchandise, Codestorm House, Walton Road, Farlington, Hampshire PO6 1TR.
12.21.3. Your obligation to return rejected Products. You should provide us with proof of purchase when seeking to return a faulty or mis-described item. You will need to arrange for return of the item(s) to us. We will inspect all items that we receive from you. If we confirm that the item is faulty or has been mis-described, we will reimburse your reasonable postage costs of returning the item to us (if any), if you provide us with satisfactory proof of those costs. We will also offer to arrange to replace the Product with a new one or reimburse you for the full cost of the item (but not the value of any promotional code(s) used) to your original payment method within 30 days of our receipt of the faulty or mis-described item. If we are reimbursing you for the cost of all the items in an order, we will also reimburse you with the delivery cost for that order, if applicable.
12.21.4. When we will not accept returns. Please note that we will not accept returns and provide refunds if a fault arises from fair wear and tear, wilful or accidental damage, negligence by you or a third party, abnormal or inappropriate storage or working conditions or maintenance, failure to operate or use the Products in accordance with user instructions, misuse or alteration or repair of the Products by you or a third party that is not authorised by us or the manufacturer.
12.22. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
12.22.0. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) by phone: 0844 3350 474 during our opening hours (which you'll find on the Site); or
b) by email email@example.com
provided you return the Product to us within 14 days, you will receive a refund.
12.22.1. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
12.22.2. How we will refund you. Within 14 days of us receiving either the Products or proof that they have been returned, whichever is the sooner, we will refund the total price you have paid for the Products including any standard delivery costs. However:
a) if you chose enhanced delivery, we will only refund up to the amount of our usual standard delivery costs; or
b) if you have used the Products or they are not returned in their original condition, we will be entitled to deduct a sum from your refund to reflect the reduced value of the Products.
12.23. HOW TO RETURN THE PRODUCT TO US
All Products returned by post should include your original order number and your contact details inside the package and should be addressed to: Audi Merchandise, Codestorm House, Walton Road, Farlington, Hampshire PO6 1TR. Whenever returning Products by post for whatever reason, we recommend that you use a courier that offers shipment tracking services and that you insure the Product to its full value while in transit. If you choose not to follow these recommendations we regret that you will be responsible for any loss or damage to the Product during transit.
12.24. OBTAINING ADVICE
Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.