Terms of Sale
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Pick Up Tops UK (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- Telephone us on the published telephone number or email us at firstname.lastname@example.org to discuss your requirements and obtain a verbal or written quotation;
- We will email or post a confirmation of your order;
- Any amendments to the confirmation must be agreed within 24hours of receiving the confirmation; Acceptance of the order confirmation constitutes your consent to these terms of sale;
- The order confirmation document will form the basis of your order and our contract to deliver. (v) Payment must be made by credit card or cheque/cash prior to despatch of the goods.
We may not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
(4) The products
The products are defined as those shown for sale on our website at www.pickuptopsuk.com The products are accessories for pick up truck vehicles, including but not limited to Pick Up Trucks, Sports Utility Vehicles and other vehicles.
PLEASE NOTE, ALL NON EU APPROVED A-BARS ARE SOLD FOR OFF ROAD USE.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay an additional delivery charge, which will be as stated when you pay for the product. The standard Delivery price is for Mainland, England, Wales,Northern Ireland,Ireland and Central Scotland.. Additional charges may apply to offshore destinations and outlying areas of Scotland. These will be confirmed by our sales team. If you require a quotation for these areas, please contact us.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by Credit/Debit Card, Bank Transfer, Cheque/Postal Order or Cash.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(6) Your warranties
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
(7) Delivery policy
We do not ship any orders between 21th December and 4th January.
Special order means that the product will be delivered within 10 working days
If goods are damaged in transit this must be recorded in writing at the time of receipt.
We cannot accept responsibility for damaged goods if the carrier's proof of delivery,has been signed for as received in good condition.
If there is any sign of damage to the goods, it is advisable to refuse delivery. Please check carefully!
If goods are found to be faulty or incomplete - this must be reported in writing within 14 days of receipt.
We will arrange for the products to be delivered to the address for delivery indicated in your order if required in the contract of sale.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 30 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
We will ship products worldwide. Any additional duties payable upon import will be payable by you.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) “Cooling off” period
You may cancel a contract to purchase a product or products at any time within 14 working days after the day you received the relevant products or products (subject to the limitations set out below).
You will not have any such right insofar as a contract relates to:
- the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you;
- the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control;
- the supply of newspapers, periodicals or magazines;
- the supply of goods made to your specifications or clearly personalised; or
- the supply of goods which have been installed on a vehicle.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(10) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
(13) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(14) Colour Match
Whilst we work closely with our suppliers to ensure the best possible colour match on our products, please be aware that a vast number of variations affect the finish. These variations can occur whether the top is ordered in directly from the factory or sprayed by our in house paint shop. The pick ups are often produced in more than one country using different formulas making an exact match 100% of the time on every colour code impossible. Other factors such as paint fade, formula variance and the texture and material of the product can also effect the colour. For these reasons we cannot guarantee a perfect match on all tops but assure you that we put every effort in to updating our formulas and finding the best possible variant on each make and model.
(15) Water Ingress
Please note that due to the nature of the products we supply, we cannot guarantee that every cover will be 100% waterproof regardless of pricing. These are effectively bolt on accessories and whilst we take steps to greatly reduce water ingress it is not always possible.
If this is a concern to you, please contact a member of our team so we can advise you on the most suitable product for your requirements.