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Read these terms and conditions carefully before using this website
1. All orders for Goods are accepted by Stahlcar Scan Tools subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Stahlcar Scan Tools and the customer for the sale of goods
1.2 This website is operated by Stahlcar Scan Tools (referred to as "Stahlcar Scan Tools/we/our/us"). As user of this website (referred to as the customer "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below:
1.3 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions
1.4 We will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Stahlcar will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Stahlcar Scan Tools.com accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site
2.0 All orders that you place on this website will be subject to acceptance in accordance with our terms and conditions
2.1 You understand and accept that this is a trade website and that you are either trade or consumer and the items can be used for either use
2.2 All goods shown on this website are an invitation to treat and not an offer to supply
2.3 We reserve the right to reject any order at our discretion
2.4 Any advice or recommendation given by Stahlcar Scan Tools or its employees or agents to a customer is followed or acted upon entirely at the customers own risk
2.5 All responsibility for ensuring that goods are sufficient and suitable for the customers requirements rests with the customer
2.6 If the description of any goods contained in any correspondence, invoice or the website varies from that of the manufacturers description, then the manufacturers description will be deemed to be the correct description and shall take precedence over the description assigned by Stahlcar Scan Tools
2.7 Stahlcar Scan Tools reserves the right without prior notice to discontinue any goods
2.8 Any published information by us as to the country of origin of goods is an indicator only of the source of supply to the customer and does not constitute a warranty or representation
2.9 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel in these circumstances and you have already paid for the goods, you will receive a full refund
2.10 Stahlcar Scan Tools reserves the right to deliver part orders, or hold orders until all items are available, as required. If any goods are not available within 14 days of the order being placed the customer will be informed and will be offered the option to continue to await delivery, accept an alternative product or cancel the order and receive a refund where funds have been taken
2.11 When you place an order we may send to you an order acknowledgement email detailing the products you have ordered. It is very important to note that this email is not an order confirmation or order acceptance from Stahlcar Scan Tools
2.12 We reserve the right to decline to trade with any person or organisation.
2.13 Acceptance of your order and the completion of the contract between you and us will only take place on despatch to you of the products ordered.
2.14 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products
2.15 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible
Payment for Orders
3.0 We take payment from your card or bank transfer at the time we receive your order
3.1 The price you pay is the price displayed on this website at the time we receive your order
3.2 All goods shown on this website are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods
3.3 To ensure that your credit, debit, or charge card account is not being used without your consent, we will validate name, email address and IP address supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made
3.4 All information provided by you will be treated securely and strictly in accordance with the Data Protection Act
Returns & Warranties
4 Written authorisation for the return of goods must first be obtained from our Customer Sales or Service Department by either email or filling out the Returns form here.
4.1 We can only accept the return of faulty or damaged goods. We may accept other reasons on a case by case basis but we will not accept any return unless a Returns Confirmation is issued by us The internal documentation should include proof of purchase, the returned product must be complete, and in as new condition with original packaging. If the packaging is damaged or missing then we will deduct 20% off the refund
4.1b It is the customers responsibility to check the product is compatible with their vehicle before purchase. If it is not then we are not entitled to refund the purchase. We can work out a return or exchange case but the customer must inform us no later than 15 days after purchase. Once the customer has spoken to us and if agreement is made then the customer must return the item with 15 days otherwise the product is now considered used and we will treat the refund as such and only 20% of the purchase price will be refunded
4.2 All returned goods must be sent entirely at the customers own expense and all returns must be received by us within 15 days of the Returns Number being issued and any goods received after that period will be considered used and only a percentage will be refunded. This will be worked out on an individual basis
4.3 The customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the goods are protected when being returned. The customer must provide us with proof of despatch and a shipping tracking number
4.4 Any defects in the goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by us either by repair or, at our sole discretion by replacement or refund
4.5 Any claim for goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective goods or parts must be made by email to Stahlcar Scan Tools (specifying the date of purchase and invoice number) within a reasonable period of time after delivery
4.6 The warranty period for all goods bought via this website is from the date of purchase if goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by us in writing
4.7 A re-stocking fee of 20% of the purchase price will be charged for purchases that are returned for anything other than a warranty reason
Delivery of Orders
5 All orders will be despatched where reasonably practicable within 2-5 business days as the order is received by Stahlcar Scan Tools and normally delivered within 3-5 business days thereafter depending on the order destination
5.1 We shall not be liable to compensate the customer by way of damages or otherwise for non-delivery or late delivery of the goods or for any loss consequential or otherwise arising from non-delivery or late delivery
5.2 The customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority and is responsible for any and all import taxes and duties levied for importation of their goods. All stock is based in New Zealand so New Zealand customers will not need to pay any import or duty.
5.3 The risk of damage to or loss of goods ordered from us will pass to the customer when the goods are delivered
5.4 The customer must inspect the goods as soon as reasonably practicable after delivery and shall within 2 days of such delivery or receipt give notice to our Customer Sales Department of any apparent physical or delivery damage in the goods
6. Without exception each customer and or any third party user of any products supplied via this website shall be deemed to have all necessary technical knowledge and requisite skill and competence to use any of the products supplied via this website. Stahlcar Scan Tools, including our employees, agents or sub-contractors strictly accept no liability whatsoever or howsoever arising in any circumstances for the use of any products supplied or purchased via this website.
6.1 The customer will be responsible for ensuring the fitness for purpose of the goods for the customers application
6.2 To the extent permitted by law, we, Stahlcar Scan Tools, accept no liability whatsoever or howsoever arising in respect of any loss, damage or expense arising from any use of any products supplied by us including errors in information or advice provided whether or not due to our negligence.
6.3 To the extent permitted by law, Stahlcar Scan Tools shall not be liable to the customer in contract, tort, (including, without limitation, negligence) pre-contract or other representations (unless fraudulent) any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract with the customer, for any indirect, special or unforeseen loss or damage (whether for loss of profit or otherwise), loss of business, savings, goodwill or reputation, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Stahlcar Scan Tools, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the customer
6.4 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions when the same is wholly or partly caused whether directly or indirectly by any circumstances beyond our reasonable control
6.5 Notwithstanding all of the foregoing terms and conditions, Stahlcar Scan Toolss aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the customer for the product(s) in respect of one incident or series of incidents attributable to the same cause
6.6 We exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
6.7 Our maximum liability to all customers arising out of or in connection with the products shall be limited to the replacement value of the product in question.
6.8 We do not accept liability for the fitness of goods for any business purposes, nor do we accept liability for loss of use of the item or any loss over and above the cost of the item in the event of a claim for breach of warranty or condition
7. Any contract made between us shall be governed by the laws of New Zealand and any dispute between us will be resolved exclusively in the courts of New Zealand. English is the only language offered for the conclusion of the contract
7.1 All headings in these Terms and Conditions on this website are for ease of reference only and shall not affect the construction of any contract between Stahlcar Scan Tools and a customer
7.2 Any provision of any contract with Stahlcar Scan Tools which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any contract. No waiver or forbearance by Stahlcar Scan Tools (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future
7.3 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any third party
7.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us
7.5 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Stahlcar Scan Tools
7.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected
7.7 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Stahlcar Scan Tools relating to the use of this website - including the order of products - and sets forth the entire agreement and understanding between you and us for your use of this website