Terms and Conditions
The following section forms our Company’s collective Terms and Conditions policy. We recommend that you read and understand this policy in full.
When you submit an order you are entering into a contract with Thomas Performance Ltd which is then bound by the terms and conditions described herein. Please read them carefully as they affect Your rights and liabilities under the law. If You do not agree to these terms, please do not place an Order for Goods with Us.
Our customer service department can contacted at any time by filling in the necessary information on our contact page.
- ACCEPTANCE OF ORDERS AND CREATION OF CONTRACTS
1.1 These Terms & Conditions shall apply to all Goods provided to You by Us. When You place an Order for Goods You make an offer to purchase the Goods described in Your Order.
1.2 Once We have confirmed availability of the Goods, verified Your credit or debit card or payment details as necessary and prepared the Goods for dispatch, We may send You an Order acknowledgement or confirmation on receipt of Your Order but any such communication by Us is not to be treated as an acceptance by Us of Your Order.
1.3 Our acceptance of Your Offer shall occur when We dispatch the Goods and raise an Invoice for the Goods. Your Offer may not be accepted by Us. No Contract is created or becomes binding on Us unless and until We accept Your Offer and raise the relevant Invoice.
1.4 No variation to these Terms & Conditions are binding on Us unless it is expressly included in Our Invoice or is specifically accepted in writing by one of Our directors or Our company secretary.
1.5 We will keep copies of all Contracts for a reasonable time. These may be available from Us on request, on payment of reasonable administration, copying charges and postage.
1.6 We reserve the right to obtain validation of Your credit or debit card payment details before providing You with any Goods.
1.7 If We cannot supply the Goods ordered by You, We reserve the right to offer You alternative Goods of equal or superior quality. Any such changes will be detailed in the Invoice. In such cases, if You do not wish to accept the alternative Goods offered, You may cancel the Order and require the refund of any money paid to Us in respect of that Order, including carriage charges. This shall be Your sole remedy in such circumstances.
1.8 All descriptions, drawings and particulars of weights, dimensions and performance issued by Us are approximate only. We will make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. Images of Goods are provided for illustrative purposes only and the actual Goods You receive may differ from the image displayed in Our catalogue or on Our website, especially with generic products.
1.9 When You place an Order, You are undertaking to Us that:
all details You provide to Us for the purpose of purchasing Goods are correct; and
- any credit or debit card You use to make a purchase from Us is Your own card, that You are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods You order from Us.
1.10 We cannot accept cancellation of an Order for bespoke Goods which have been produced to Your specific requirements.
1.11 Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. You are under a duty to ensure that the Goods Ordered from Us will suit Your requirements and that they are compatible with other products or components with which they are to be used.
1.12 Where You contract to purchase further Goods from Us (whether or not of the same description as Goods previously purchased) You shall be deemed to do so with express notice of these Terms & Conditions which shall be deemed to be incorporated into all such contracts unless You have received express notice that these Terms & Conditions have been superseded or revised by Us.
1.13 Where applicable a surcharge will be charged to Your Order and only refunded to You upon the return to Us of what We (in Our absolute and unfettered discretion) deem to be a serviceable core part. You will be solely liable for the transport, insurance, shipping and any other costs of re-delivery to Us of such materials (even where We agree to collect them from You) and You agree that such costs may be deducted by Us from the surcharge before being refunded to You.
2.1 We make every effort to keep the prices up to date but we reserve the right to change prices at any time without notice.
2.2 It may be that prices and promotions & shipping methods are incorrectly quoted or changed due to external circumstances.
2.3 We have no statutory obligation to sell goods at the price quoted if that price is incorrect.
- SPECIAL OFFERS/PROMOTIONS
3.1 These are any items with a discount off the RRP. These products may be available in limited quantities. When stock of a special offer runs out we will no longer be able to supply that item at the special offer price. Nor will we be able to offer exchanges for special offers returned after stock has run out.
3.2 Prices found through search engines may not be accurate as they may include prices from previous product lines and/or promotions.
4.1 Payments to us via our website are covered by our payments policy which forms part of these Terms and Conditions by this reference.
- OUR RIGHT TO CANCEL
5.1 We may cancel any Contract between Us and You if We have insufficient stock to deliver the Goods that You have Ordered, or if We do not deliver to Your area, or where there has been a typographical or other error in the pricing information or description or if We cannot deliver due to reasons of Force Majeure.
5.2 If We decide to cancel a Contract then We will notify You by email and will recredit Your account any sums paid to Us as soon as reasonably possible.
5.3 We will not be obliged to pay You any compensation for losses or disappointment suffered or incurred by You as a result of such cancellation.
5.4 We shall not be liable to You or be deemed to be in breach of Our Contract by reason of any delay in performing or any failure to perform any of Our obligations in respect of the Goods if the delay or failure was due to Force Majeure.
6.1 Delivery types and systems are covered by our deliveries policy which forms part of these Terms and Conditions by this reference.
6.2 We will deliver the Goods to the delivery address stated in Our order Invoice. You are required to be able to accept the Goods within Normal Working Hours. If You cannot accept delivery, We may re-arrange delivery provided that We reserve the right to charge You for any additional delivery costs incurred.
6.3 We shall only be required to deliver to a reception area on the ground floor of Your premises. You must ensure that a responsible person is available for accepting delivery of the Goods. Where there is no-one to accept delivery of the Goods from a courier then the courier will leave a notice that they have tried to deliver to the address and You will be responsible for arranging delivery from the courier. Any additional charges for failed deliveries shall be Your responsibility to settle with the courier and/or Us.
6.4 Once Goods have been delivered to the delivery address Goods are at Your own risk and We will not be liable for their loss damage breakage or destruction.
6.5 Unless we agree otherwise with You, We will ensure that Goods are delivered to you as soon as possible and in any event no later than thirty (30) days from the day after we accept your Order. If we cannot deliver Goods to you within thirty (30) days, then we will give you prior notification and arrange an alternative date. If you do not agree to the alternative date, then you are entitled to cancel the Order and receive a full refund.
6.6 In all cases any time or date for delivery is an estimate only and We shall not accept liability for the consequences of any failure to deliver within the stated time or on a stated day, where this is caused by circumstances of Force Majeure or other reasons beyond Our reasonable control, such as delays caused by delivery companies or manufacturer lead times.
- ACCEPTANCE OF GOODS ON DELIVERY
7.1 If the Goods delivered are not what You Ordered or have been delivered to you by mistake or the delivery is of an incorrect quantity then you must notify us of the problem by email immediately and confirm this in writing within 48 hours of the delivery in question. After this time from delivery, unless you have notified us in writing to the contrary, you shall be deemed to have accepted the Goods.
7.2 Upon delivery of the Goods, You will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, you should either note this on the Proof of Delivery or refuse to accept delivery of the Order.
7.3 We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.
7.4 You may request a Proof of Delivery, provided that this request is made within thirty (30) days of the dispatch confirmation and we shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
7.5 In the event that any Goods delivered to You do not correspond with the Goods in the Order, or have been delivered to You by mistake, or the delivery is of an incorrect quantity then You will be under a duty to take reasonable care of such Goods and to contact us no later than fourteen (14) Working Days after receipt of the Goods. We will then arrange for a courier to collect the Goods and replacements to be supplied on a credit and recharge basis.
- YOUR ORDER
8.1 We endeavour to ensure that the website reflects the stock levels of the company but some products can sell out very quickly, therefore, placing an order with us does not guarantee availability. We will, of course, make every effort to fulfil your order and if this is not possible we will let you know as soon as possible.
8.2 By placing an order you are making an offer and a contract will be formed only when your order is accepted by Thomas Performance Ltd. Your order will be accepted at the point that payment is made, when your items have been picked and your order is ready for dispatch and has been delivered.
- YOUR DETAILS
9.3 Data is maintained under the provisions of the Data Protection Act (1998), our registration number is ZA862765. We may contact you from time to time to verify and update the data we hold on Your records.
9.4 You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
9.5 You may be required to provide to Us details of users of Goods. You must supply these details on request and We reserve the right to audit Your records and usage to ensure compliance with all Your obligations under a Contract.
9.6 If We set up an account for You then it is Your duty to keep the account details and passwords secure.
10.1 Please use the contact page to inform us of your reasons for return.
10.2 Return of goods which are not damaged or defective.
- You are free to return unwanted or unsuitable goods for up to 28 days, provided that:
- the goods are returned to us in a new, unused and re-saleable condition. If the goods are not in a re-saleable condition, we reserve the right to refuse a refund.
- the goods are returned at your own expense and risk. (We recommend using a recorded delivery service or equivalent as we cannot accept responsibility for goods lost in transit).
10.3 When a refund is required, we will refund to you the price you paid for the goods, less the value of our delivery costs to you (even if this was not originally charged to you). Refunds will be made as soon as possible after receipt by us of the returned goods and, in any event, not later than 28 days after receipt of the goods.
10.5 Goods that have been used cannot be returned for refund, unless a warranty claim is being entered into.
10.6 If an exchange of goods is required, after receipt of the returned items, we will send out to you an alternative product of your choice. If the new product is more expensive than the original product, the balance of the price owed to us, together with any delivery charge, will be required to be paid prior to the dispatch of the replacement item(s) to you. If the new product is cheaper than the original product, we will refund the balance, less the cost of delivery of the new item(s).
10.7 The following items cannot be returned on the basis that they are unwanted or unsuitable:
- item(s) which have been used
- are soiled
- have an odour eg. smoke
- have been damaged as a result of misuse
- are not in a clean and dry condition
- do not have all the original contents and packaging
10.8 Return of goods which are faulty; or not of satisfactory quality; or which do not correspond to their description.
10.9 Upon receipt by us of the goods, we will examine them for damage:
- If the fault is obvious and inherent, we will process the refund, repair or exchange the item(s) within 7 days of receipt of the goods.
- If the fault is not obvious, we may need to return the goods to the factory for testing. We normally expect a response within four (4) weeks.
10.10 In the event that the fault or damage is not due to faulty manufacture, but to misuse or damage sustained after purchase, or subject to normal wear and tear, we will contact you to find out whether you wish the goods to be returned to you or repaired, if a repair is feasible. In these circumstances, both the cost of repair and return of the goods to you would be at your expense.
10.11 Warranty claims for faulty goods will be dealt with through us but the factory will make an assessment and decide on the proper course of action.
10.12 Returns are subject to restocking fees of 15% – 25% of the purchase price and return shipping fees. Thomas Performance Ltd may assess the restocking fees and return shipping fees against the customer’s account or deduct the fees from the refund amount on all returns, subject to the Return Policy and any product-specific policy. Thomas Performance Ltd reserves the right to adjust the value of any item returned for refund to reflect its current market price, in which case the restocking fee will be applied after this adjustment.
10.13 For products that are eligible for return for replacement, the return shipping labels are free for returns for replacement of the same item within the applicable return policy period. Thomas Performance Ltd does not charge for restocking fees or return shipping labels for returns of defective products, or if you received the wrong item, the item did not match what was shown on the website or mobile application (the “Site”), or if we have made some other shipping error, provided the item is within its return policy period, and in accordance with the Return Policy.
10.14 For returns of unopened items that are returned in the original condition as shipped within its return policy period, and in accordance with the Return Policy, Thomas Performance Ltd does not charge for restocking fees, but customers are responsible for any return shipping costs.
10.15 In the event a product is returned that is not defective or an incorrect product or where the product does match what was shown on the Site, the product will either be returned to the customer or the return shipping cost initially covered by Thomas Performance Ltd will instead be deducted from the refund amount along with any necessary restocking fee that may apply.
11.1 We make every effort to ensure that the product images we use are accurate and up to date.
11.2 All product images are used with the permission of the originator and remain the copyright of the originator and may not be reproduced.
- PRODUCT INFORMATION
12.1 We make every effort to ensure that the product information we use is accurate and up to date.
12.2 For your own safety, we advise that you read all product information and instructions that come with the product before use. All product descriptions are used with the permission of the originator and remain the copyright of the originator and may not be reproduced.
- TRADE MARKS & TRADE NAMES
13.1 Trade names and marks (other than Ours) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
13.2 In the case of component purchases, if You require a particular brand of Goods, then before placing an Order, please check with Us to confirm the identity of the manufacturer of the component that You are proposing to purchase.
13.3 Both parties hereby acknowledge the intellectual property rights of suppliers and manufacturers of the Goods appearing in Our sales literature and on Our website.
- ASSIGNMENT & THIRD PARTY RIGHTS
14.1 You must not transfer any Contract made with Us under these Terms, & Conditions without written authority from Us, as it is personal to You. This authority will not be refused without good reason.
14.2 No third party shall be allowed to enforce any rights under this Contract. We hereby exclude the application of the Contracts (Rights of Third Parties) Act 1999 to each and every Contract made under these Terms & Conditions.
- PRODUCT REVIEWS
15.1 Customer reviews of products in no way represent the views of Thomas Performance Ltd. Any suggested uses outside of the manufacturer's recommendations are at your own risk.
15.2 We cannot post:
- Reviews which are deemed insufficient reviews, or reviews longer than 5000 words.
- Reviews that reference other companies by name in direct comparison to our products.
- Negative, spiteful or profane remarks directed at other reviewers, companies or Thomas Performance Ltd.
- Content not specific to the item being reviewed, questions or vague comments.
- Duplicate content.
- Remarks that repeat criminal accusations.
- Reviews that are not your own original work or have been previously published elsewhere.
- Content which might be considered defamatory, blasphemous, racist or incendiary.
- Sexually explicit or sexually gratuitous comments.
- Advertisements or promotional material for films, artists or web sites.
- Time-sensitive material.
- Phone numbers, postal addresses or URLs.
- Reviews on availability, price, customer service, or delivery.
15.3 Thomas Performance Ltd reserves the right to:
- remove or refuse to post any customer review it considers inappropriate to our website
- remove any reference to price within your review before publishing.
- to delete reviews at any time, without prior notice.
15.4 By submitting your email address in connection with your review, you allow Thomas Performance Ltd to use your email address to contact you about the status of your review and to receive our email newsletter. You can opt out of the email newsletter at any time.
- GENERAL TERMS OF BUSINESS
16.1 You confirm that, in agreeing to accept the Terms & Conditions, You have not relied on any representation (save insofar as the same has expressly been made a part of these Terms & Conditions or in the Contract) and You agree that You shall have no remedy in respect of any such representation whether made by any sales person or representative or included as a general description on Our website, catalogue, brochure or otherwise. Nothing in these Terms & Conditions shall limit or exclude Our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Contract.
16.2 If any part of these Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms & Conditions.
16.3 No waiver by Us of any breach of any of these Terms & Conditions shall be construed as a waiver of any preceding or succeeding breach of any provision in these Terms & Conditions.
16.4 If We accept Your Offer and a dispute between the parties arises, the laws of England and Wales and its Courts shall have exclusive jurisdiction to determine such disputes and You irrevocably submit to that exclusive jurisdiction.
16.5 Your statutory rights as a Consumer are not affected by anything contained in these Terms & Conditions.
- DISPOSAL OF WASTE AND RECYCLING
17.1 Your local city/district council provides facilities for recycling of most goods including glass, plastic, cardboard, steel and aluminium. These are all found in the packaging sold by most retailers, including Thomas Performance Ltd products.
17.2 For information on where you can find recycling depots please visit www.recycle-more.co.uk.
18.1 We take the satisfaction of our customers very seriously. If you feel you have received substandard information, services or products from us we would like to hear about it so that we can prevent the same thing from happening again. We will make every effort to rectify genuine problems as expediently as possible.
Or in writing to:
Complaints @ Thomas Performance Ltd
Unit A15, Champions Business Park
Arrowe Brook Road
18.2 Thomas Performance Ltd reserve the right to make changes to our website, policies, and these Terms and Conditions at any time, without notice.