Terms of service
OVERVIEW
This website is maintained and operated by WHP Performance. Throughout the site, the terms “we”, “us” and “our” refer to WHP Performance. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the Terms and Conditions set out below. They apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The Website may only be used for lawful purposes. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Please read these Terms carefully before you submit your order to us.
If you have any questions relating to these Terms and Conditions please contact us by e-mail at sales@pwrperformance.uk
Security
By accessing this Website and/or placing an order, you consent that you are of lawful age, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use any of our Products or Services for any illegal or immoral purposes.
You must ensure that you take steps to prevent any harm or technical damage to our website which may be caused by your access including without limitation viruses, logic bombs, Trojan horses, worms or any other malicious code.
Errors, Inaccuracies and Omissions
We aim to ensure that the information provided on our website is up to date and accurate. However, we cannot guarantee this, and neither can we guarantee that it is suitable for your purpose. You are responsible for checking the information and ensuring that it meets your requirements. We may make changes to the content of our website at any time. Any reliance on the material on this site is at your own risk.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
Our Right to Cancellation
We reserve the right to cancel any order, for reasons including but not limited to an inability or failure on part of the manufacturer or supplier of the goods to supply the goods to us, or any other reason we are unable to supply the goods to you.
In the eventuality of this, we shall refund to you any sums paid by you or on your behalf under or in relation to the agreement.
We shall not be liable for any other loss or damage arising from such cancellation.
Modification of Prices
All prices displayed include VAT and are correct at time of publishing, however they are subject to change without prior notice.
We reserve the right to at any time, modify or discontinue any Products or Services without any prior notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Shipping prices may vary depending on delivery location of order.
Products and Services
We reserve the right to have website exclusive Products and Services which may be at a discounted price. These Products or Services may have limited quantities and may be subject to a individual returns policy.
We try to keep our website as up-to-date and accurate as possible however the images may look different to the actual product. We can not guarantee the quality of picture displayed on your screen. We take no responsibility for any Information, Products or Services not meeting your expectations
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer.
Accuracy of Billing and Account Information
In our sole discretion we may, limit or cancel amounts purchased per person, per household or per order. These limitations may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You must provide us with current, complete, and accurate information for all purchases on our website. This must be swiftly updated if anything changes; including but not limited to, email address, billing information and phone number, so that we can complete your transactions and contact you as needed.
Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Links
We are not responsible for the content, security or performance of websites we link to and we do not endorse any Products or Services advertised on them. We are not responsible for the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We take no liability for any impairment or damages related to the information, products, services, or any transactions made in connection with any third-party websites. Please carefully review any third-party’s policies and practices and make sure you understand them before you involve in any transaction. Please note any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If you send us anything such as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), either at our request or without our request, you consent that we may, at any time, without constraint, edit, copy, publish, distribute, translate and otherwise use in any affiliation any comments that you forward to us. We are under no obligation (1) to uphold any comments in confidence; (2) to reimburse for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Prohibited Uses
In addition to other exclusions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to encourage others to perform or participate in any unlawful acts; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or anything else discriminatory; (e) to upload or transmit viruses or malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Nor do we warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You understand that your use of, or incapability to use, the service is at your sole risk. The service and all Products and Services delivered to you through the service are (except as specifically stated by us) provided ‘as is’ and ‘as available’ for your use, without any depiction, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
WHP Performance, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if a party has been advised of the possibility of such damages. Further, neither we will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the Products or Services, including as a result of any (i) termination or suspension of this agreement or your use of or access to the service offerings, (ii) our discontinuation of any or all of the Product or Service offerings, or, (iii) without limiting any obligations under the service level agreements, any unanticipated or unscheduled downtime of all or a portion of the services for any reason; (b) the cost of procurement of substitute Products or Services; (c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the service offerings; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your content or other data.
Indemnification
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim; for example, but not limited to, breach of this Agreement or violation of applicable law by you, End Users or Your Content. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third-party summons or other compulsory legal order or process associated with third party claims.
Severability
Should any provision of this Agreement be determined to be void, invalid, unenforceable, or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement shall be unaffected thereby and shall continue to be valid and enforceable.
Shipping, Returns & Refunds
Please see our Returns policy for full details
Termination
The responsibilities and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service will continue to remain active unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to order our Products, or use our Services, or when you cease using our site.
If we have any suspicion that you have failed to comply with any aspect of these Terms of service, we may also terminate any agreement at anytime without prior notice and you will remain liable for any and all amounts due up-to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions and any other policies displayed on this site contains the final, and entire agreement and understanding between you and is the complete and exclusive statement of its terms. This contract supersedes all prior agreement and understandings, whether oral or written, in connection therewith.
Any doubts in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service, any other policies displayed on this site and any other agreement whereby we provide you Products or Services shall be governed by and construed in accordance with the laws of United Kingdom.
These terms and conditions do not affect your statutory rights.
