Terms Of Purchase
These terms and conditions apply to any purchase you make via this website, www.superpowerwinch.co.uk (the “Website”).
1.1 By placing an order, you confirm that you have read these terms and conditions and agree to adhere to them in their entirety. If you do not agree to these terms and conditions, you should not place any orders on our website. We may update or vary our terms and conditions from time to time, so please check this page for the latest version whenever you visit www.superpowerwinch.co.uk. We can also update and vary the terms and conditions by notice on other pages of this website.
1.3 Your use of the Website is also governed by our Terms & Conditions.
2. Trading details
2.1 Whenever you buy a product through this Website, you will be contracting with Peak Dynamics Ltd., a limited liability company incorporated in England and Wales.
2.2 Registered office: Peak Dynamics Ltd., Waterloo Industrial Estate, Waterloo Road, Bidford on Avon, Warwickshire, B50 4JH, Registered Number: 01000461
Email address: email@example.com, Telephone number: (+44)1288 341521
3. Ordering from us
3.1. Product description - We use reasonable endeavours to make sure that every product on the website is shown accurately and that prices are correct. However, occasionally there may be small variations. Although we make reasonable efforts to update the information on the website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up-to-date disclaims all representations and warranties that the content or information on this website is accurate, complete, up-to-date or does not infringe the rights of any third party.
3.2. Placing your order - You may only purchase products from our site if you are at least 18 years old.
When you place an order with us (by choosing an item and completing our online checkout process), we will send you an acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. You may only use the payment methods specified on the Website. Payment for the products and all applicable delivery charges must be made in advance.
3.2.1 From time to time, we may not be able to accept an order for the following reasons:
18.104.22.168 Where we cannot obtain authorisation for your payment
22.214.171.124 If there has been a pricing or product description error
126.96.36.199 If you do not meet any eligibility criteria set out in our Terms & Conditions, or elsewhere on the website
3.2.2 When shopping in euros your transaction will be converted to GBP only when you complete the transaction at the exchange rate of the day.
3.2.3 We use Stripe (https://stripe.com/gb) to process all transactions via their secure servers. All personal information submitted is done so securely with SSL (secure socket layer) 128bit encryption.
3.2.4 Your browser will display the padlock symbol or equivalent during the whole checkout process indicating that any information transferred is encrypted.
4. Your consumer right of return and refund
4.1 For details about returning a product and refunds, please consult our Returns & Refunds page.
5.1 For details about delivery and postage, please consult our Postage & Packaging page.
6.1 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. Please note that it 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.
6.2 For products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of  months from delivery, the products shall be free from material defects. However, this warranty does not apply to any defect in the products arising from:
- (a) fair wear and tear;
- (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- (c) if you fail to operate or use the products in accordance with the user instructions;
- (d) any alteration or repair by you or by a third party who is not one of our authorised repairers
6.3 If you are a consumer, the above warranty 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.
7. Our liability
7.1 Nothing in these terms limit or exclude our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- (d) defective products under the Consumer Protection Act 1987.
7.2 Subject to clause 7.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with our contract with you for:
- (a) any loss of profits, sales, business, or revenue;
- (b) loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d) loss of anticipated savings;
- (e) loss of goodwill; or
- (f) any indirect or consequential loss.
7.3 Subject to clause 7.1 and clause 7.2 , our total liability to you in respect of all other losses arising under or in connection with our contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products you have purchased.
7.4 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, adverse weather, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, failure of suppliers or subcontractors, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9. Other important terms
9.1 We may transfer our rights and obligations under a contract with you to another organisation, but this will not affect your rights or our obligations under these terms.
9.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
9.3 Our contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
9.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.6 If you are a consumer, please note that these terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
9.7 If you are a business, these terms are governed by English law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.