TERMS AND CONDITIONS
Terms of Purchasing Goods Online from www.mst-performance.co.uk
These terms describe the agreement between Performance Fulfillment Limited (we, us, our)
and the Customer (you). Please read these terms and conditions carefully. 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.
1. These Terms
What these terms cover. These are the terms and conditions on which we supply products
to you, whether these are good, services or digital content.
Why you should read them. Please read these terms carefully before you submit your order
to us.
These terms tell you who we are, how we will provide products to you, how you and we
may change or end the contract, what to do if there is a problem and other important
information.
If you think that there is a mistake in these terms, or require any changes, please contact us
to discuss.
2. Who we are and how to contact us.
2.1 Who we are.
We are Performance Fulfillment Limited, a company registered in England. Our company
number is 12913406. Our registered office address is Unit 3 Hatfield Farm, Marlborough,
Wiltshire, United Kingdom, SN8 4JE. We are VAT registered and our VAT registration
number is GB361233232.
2.2 How to contact us. You can contact us by telephoning us on +44 (0)1793 296 344, e-
mailing us at info@mst-performance.co.uk, or writing to Performance Fulfillment, Unit 3,
Hatfield Farm, Oare, Marlborough, SN8 4JE
2.3 How may we contact you. If we have to contact you, we will do so by telephone or by
writing to you are the e-mail address or postal address you provided to us in your order.
2.4 “Writing” includes e-mails. When we use the words “writing” or “written” in these
terms, this includes e-mails.
3. Our Contract with You
3.1 How we will accept your order. Our acceptance of your order will take place when we e-
mail you to accept it, at which point a contract will come into existence between you and us.
Given the bespoke nature of our work, this will be after full authorisation of payment has
been obtained.
3.2 If we cannot accept your order.
If we are unable to accept you order, we will inform you of this in wiring and will not charge
you for the product. This might be because the product is out of stock, because of
unexpected limits on our resources which we could not reasonably plan for, because we
have identified an error in the price or description of the product or because we are unable
to meet a delivery deadline you have specified.
We use a ‘back-order’ system, and if a part is not in stock we will advise you immediately
with an expected delivery date. Back-orders will automatically be dispatched if stock
becomes available within 30 days of your order. For orders where stock becomes available
after 30 days we will contact you to check that the component is still required. Please advise
us if this will not be satisfactory. Product availability is subject to change without notice.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your
order. It will help us if you can tell us the order number whenever you contact us about your
order.
3.4 We sell worldwide.
All prices include VAT but exclude postage and packing. For international shipments the
customer is responsible for any local import duties and taxes that may be charged, as well as
all postal fees. These additional charges are not reflected in prices advertised by
Performance Fulfillment Limited.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the products on our
website are for illustrative purposes only. Your product may vary slightly from those images.
Although we have made every effort to be as accurate as possible, because our products are
handmade, all sizes, weights, capacities, dimensions and measurements indicated will be
different.
All product descriptions are provided in good faith. Any and all product claims assume a
comparison with an unmodified standard vehicle in original factory specification.
4.2 Product Packaging may vary. The packaging of the product may vary from any images on
our website.
4.3 Making sure your measurements are accurate. If we are making the product to
measurements you have provided you are responsible for ensuring that these
measurements are correct. You can find information and tips on how to measure by
contacting us.
5. Your Rights to Make Changes:
If you wish to make a change to the product you have ordered please contact us. We will let
you know if the change is possible. If it is possible we will let you know about any changes to
the price of the product, the timing of supply or anything else which would be necessary as
a result of your requested change and ask you to confirm whether you wish to go ahead
with the change. If we cannot make the change or the consequences of making the change
are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end
the contract).
6. Our Rights to Make Changes:
6.1 Minor changes to the products.
The products we sell are hand fabricated and therefore may differ slightly in appearance
from
images and descriptions give.
7. Providing The Products:
7.1 Delivery Costs. The costs of delivery will be provided to you when confirming the details
of your order, or be displayed to you on our website, depending on your shipping address.
7.2 Local Important duties and taxes. The Customer is responsible to pay for any and all
taxes and duties. The displayed prices are exclusive of all taxes and duties.
7.2 When we will provide the products. During the order process we will let you know when
we will provide the products for you.
a) If the products are goods. We will deliver them to you as soon as reasonably possible. All
offers are subject to stock availability.
b) If the products are one-off services. We will begin the services on the date agreed with
you during the order process. The estimated completion date for the services is as told to
you during the order process. This is subject to change dependant upon the product and
third parties.
c) If the products are ongoing services. We will supply the services and/or goods until either
the services are completed or you end the contract as described in Clause 8 or we end the
contract by written notice to you as described in Clause 10.
7.3 We are not responsible for delays outside of our control. If our supply of the products is
delayed by an event outside our control then we will contact you as soon as possible to let
you know and we will take steps to minimise the effect of the delay. Provided we do this we
will not be liable for delays caused by the event, but if there is a risk of substantial delay you
may contact us to end the contract and receive a refund for any products you have paid for
but not received.
7.4. Collection by you. If you have asked to collect the products from our premises, you can
collect them from us at a time previously agreed with us. Visitors are strictly by appointment
only.
7.5. If you are not at home when the product is delivered. If no one is available at your
address to take delivery and the products cannot be posted through your letterbox, the
postal service will leave you a note informing you of how to rearrange delivery or collect the
products from a local depot. We are not liable for any actions or omissions on the part of
the postal service.
7.6. If you do not re-arrange delivery or collect the goods. If you do not collect the products
from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or
collect them from a delivery depot we will contact you for further instructions and may
charge you for storage costs and any further delivery costs. If, despite our reasonable
efforts, we are unable to contact you or re- arrange delivery or collection we may end the
contract and Clause 10.2 will apply.
7.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods
late. If we miss the deadline for any goods then you may treat the contract as at an end
straight away if any of the following apply:
a) we have refused to deliver the goods
b) delivery within the delivery deadline was essential, taking into account all the relevant
circumstances and you told us before we accepted the deliver that the delivery deadline
was
essential.
7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end
straight away, or do not have the right to do so under Clause 7.7, you can give us a new
deadline for delivery, which must be reasonable, and you can treat the contract as at an end
if we do not meet the new deadline.
7.9. Ending the Contract for Late Delivery. If you do choose to treat the contract as at an end
for late delivery under Clause 7.7 or Clause 7.8, you can cancel your order for any of the
goods or reject goods that have been delivered. If you wish, you can reject or cancel the
order for some of those goods (not all of them), unless splitting them up would significantly
reduce their value. After that we will refund any sums you have paid to us for the cancelled
goods. If the goods have been delivered to you, you must either return them in person to
where you bought them, post them back to us or contact us to arrange return of the items.
7.10. When you become responsible for the goods. A product which is goods will be your
responsibility from the time we deliver the product to the address you gave us or you, or a
courier organised by you, collects it from us.
7.12 When you own goods. You own a product which is goods once we have received
payment in full.
7.12 What will happen if you do not give us required information. We may need certain
information from you so that we can supply the products to you, for example, the
registration date of your car. If so, this will have been stated in the description of the
products on our website or requested from you directly. We will contact you in writing to
ask for this information. If you do not give us this information within a reasonable time of us
asking for it, or if you give us incomplete or incorrect information, we may either end the
contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to
compensate us for any extra work that is required as a result. We will not be responsible for
supplying the products late or not supplying any part of them if this is caused by you not
giving us the information we need within a reasonable time of us asking for it.
7.13. Reasons we may suspend the supply of products to you. We may have to suspend the
supply of a product to:
a) deal with technical problems or make technical changes;
b) update the product to reflect changes in relevant laws and regulatory requirements;
c) make changes to the product as requested by you or notified by us to you (see Clause 6).
7.14. We will suspend supply of the products if you do not pay. Due to bespoke parts, we
cannot commence production until payment is received.
For other products, If you do not pay us for the products when you are supposed to (see
Clause 12.4) and you still do not make payment within 14 days of us reminding you that
payment is due, we may suspend supply of the products until you have paid us the
outstanding amounts. We will contact you to tell you we are suspending supply of the
products. We will not suspend the products where you dispute the unpaid invoice (see
Clause 12.6). We will not charge you for the products during the period for which they are
suspended. As well as suspending the products we can also charge you interest on your
overdue payments (see Clause 12.5).
8. Your Rights to End the Contract:
8.1 You can always end your contract with us. Your rights when you end the contract will
depend on what you have bought, whether there is anything wrong with it, how we are
performing and when you decide to end the contract:
a) If what you have bought is fault or misdescribed you may have a legal right to end the
contract or get the product repaired or replaced. Please see clause 11.
b) If you want to end the contract because of something we have done or have told you we
were going to do see clause 8.2
c) If you have just changed your mind about the product, see Clause 8.3. You may be able to
get a refund if you are within the cooling-off period, but this may be subject to deductions
and you will have to pay the costs of return of any goods.
d) In all other cases (if we are not at fault and there is no right to change your mind), see
Clause 8.7 or 8.8.
8.2 Ending the contract because of something we have done or are going to do. If you are
ending a contract for a reason set out at (a) to (d) below the contract will end immediately
and we will refund you in full for any products which have not been provided and you may
also be entitled to compensation. The reasons are:
a) we have told you about an error in the price or description of the product you have
ordered and you do not wish to proceed;
b) there is a risk that supply of the products may be significantly delayed because of events
outside our control;
c) we have suspended supply of the products for technical reasons, or notify you we are
going to suspend them for technical reasons, in each case for a period of more than 3
months; or
d) you have a legal right to end the contract because of something we have done wrong
(including because we have delivered late (see Clause 7.8).
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For
most products bought online you have a legal right to change your mind within 14 days and
receive a refund. These rights, under The Consumer Contracts (Information, Cancellation
and Additional Charges) Regulations 2014, are explained in more detail in these terms. You
have the right to cancel this contract within 14 days without giving any reason. To exercise
this right, you must inform us of your decision to cancel this contract by a clear statement
(for example an email or letter sent by post). Components must be returned to us in
resaleable condition. A fee will be deducted from any refund should the goods have been
used or handled beyond what is considered acceptable to inspect them and decide on their
suitability.
8.4. Our goodwill guarantee.
Please note, these terms reflect the goodwill guarantee offered by Performance Fulfillment
Limited of Unit 3 Hatfield Farm, Marlborough, Wiltshire, United Kingdom, SN8 4JE to its
customers, which is more generous than your legal rights under the Consumer Contracts
Regulations in the ways set out below. This goodwill guarantee does not affect your legal
rights in relation to faulty or misdescribed products (see clause 11.2).
If you are not completely satisfied with the goods you have bought please return them to
Performance Fulfillment Limited within 30 days of delivery at the address below. Please
contact us using the details provide to explain the reason for the return.
We will provide a full refund, providing the goods are returned to us in as new condition in
their original packaging. Unfortunately, we cannot refund costs associated with installation
or removal or shipping costs for the return of the components. This policy does not affect
your UK statutory rights.
8.5. When you do not have the right to change your mind. You do not have a right to change
your mind in respect of:
a) services, once these have been completed, even if the cancellation period is still running;
b) Unfortunately we cannot refund costs associated with installation or removal or shipping
costs for the return of the components. This policy does not affect your UK statutory rights.
8.6. Ending the Contract where we are not at fault and there is no right to change your
mind.
Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1),
you can still end the contract before it is completed, but you may have to pay us
compensation. A contract for goods is completed when the product is delivered and paid
for.
A contract for services is completed when we have finished providing the services and you
have paid for them. If you want to end a contract before it is completed where we are not at
fault and you have not changed your mind, just contact us to let us know.
The contract will end immediately and we will refund any sums paid by you for products not
provided but we may deduct from that refund compensation for the net costs we will incur
as a result of your ending the contract.
9. How to End the Contract with Us (Including if you have changed your mind):
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by
doing one of the following;
a) E-mail us at info@mst-performance.co.uk Please provide you name, home address,
details of the order, phone number, e-mail address and reason for cancellation.
b) By post. Write to us at, Performance Fulfillment, Unit 3, Hatfield Farm, Oare, Marlborough,
SN8 4JE including details of what you bought, when you ordered or received it and your
name and address.
9.2. Returning products after ending the contract. If you end the contract for any reason
after products have been dispatched to you or you have received them, you must return
them to us. You must either return the goods in person to where you bought them, post
them back to us or allow us to collect them from you.
Please call or email us at info@mst-performance.co.uk to arrange return. If you are
exercising your right to change your mind you must send off the goods within 14 days of
telling us you wish to end the contract.
We will provide a full refund, providing the goods are returned to us in as new condition in
their original packaging.
9.3 How we will refund you. We will refund you the price you paid for the products
excluding delivery costs, by the method you used for payment. However, we will make
deductions from the price, as described below.
9.4 Deductions from refunds if you are exercising your right to change your mind. If you are
exercising your right to change your mind:
a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction
in the value of the goods, if this has been caused by your handling them in a way which is
inappropriate. If we refund you the price paid before we are able to inspect the goods and
later discover you have handled them in an unacceptable way, you must pay us an
appropriate amount.
b) The maximum refund for delivery costs will be the costs of delivery by the least expensive
delivery method we offer. For example, if we offer delivery of a product within [3-5] days at
one cost but you choose to have the product delivered within 24 hours at a higher cost,
then we will only refund what you would have paid for the cheaper delivery option.
c) Where the product is a service, we may deduct from any refund an amount for the supply
of the service for the period for which it was supplied, ending with the time when you told
us you had changed your mind.
9.5 When your refund will be made. We will make any refunds due to you as soon as
possible. If you are exercising your right to change your mind then.
a) If the products are goods and we have not offered to collect them, your refund will be
made within 14 days from the day on which we receive the product back from you or, if
earlier, the day on which you provide us with evidence that you have sent the product back
to us. For information about how to return a product to us, see clause 9.2.
b) In all other cases, your refund will be made within 14 days of your telling us you have
changed your mind.
10. Our Rights to End the Contract:
10.1 We may end the contract if you break it. We may end the contract for a product at any
time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment
within 14 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that
is necessary for us to provide the products; or
c) you do not, within a reasonable time, allow us to deliver the products to you or collect
them from us.
10.2. You must compensate us if you break the contract. If we end the contract in the
situations set out in Clause 10.1 we will refund any money you have paid in advance for
products we have not provided but we may deduct or charge you, as compensation, for the
net costs we will incur as a result of your breaking the contract OR reasonable
compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the product. We may write to you to let you know that we are going
to stop providing the product. We will let you know as soon as possible in advance of our
stopping the supply of the product and will refund any sums you have paid in advance for
products which will not be provided.
11. If there is a problem with the product:
11.1 How to tell us about problems. If you have any questions or complaints about the
product, please contact us. You can telephone us or write to us at info@mst-
performance.co.uk
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in
conformity with this contract. Nothing in these terms will affect your legal rights.
For detailed information please visit the Citizens Advice website www.adviceguide.org.
12. Price and Payment:
12.1 Where to find the price for the product. The price of the product (which excludes
postage and VAT/any other taxes/duties) will be the price indicated on the order pages
when you placed your order. We take all reasonable care to ensure that the price of the
product advised to you is correct. However please see Clause 12.2 for what happens if we
discover an error in the price of the product you order.
12.2 What happens if we got the price wrong. It is always possible that, despite our best
efforts, some of the products we sell may be incorrectly priced. We will normally check
prices before accepting your order so that, where the product’s correct price at your order
date is less than our stated price at your order date, we will charge the lower amount. If the
product’s correct price at your order date is higher than the price stated to you, we will
contact you for your instructions before we accept your order. If we accept and process
your order where a pricing error is obvious and unmistakable and could reasonably have
been recognised by you as a mispricing, we may end the contract, refund you any sums you
have paid and require the return of any goods provided to you.
12.3 When you must pay and how you must pay. We accept payment via paypal or cash.
When and how you must pay depends on what product you are buying and whether you are
collecting the product.
a) For Goods you must pay for the products before we make them, so at the time of order.
We will not commence work until payment has been authorised.
b) For Services you must pay 50% for the fitting of any component when you order and the
remaining 50% when you collect the vehicle. In any case you must pay each invoice within
14 calendar days after the date of the invoice.
c) For delivery items payment is accepted by paypal.
d) For collection items payment is cash only.
12.4 We can charge interest if you pay late. If you do not make any payment to us by the
due date we may charge interest to you on the overdue amount at the rate of 2% a year
above the base lending rate of the Bank of England from time to time. This interest shall
accrue on a daily basis from the due date until the date of actual payment of the overdue
amount, whether before or after judgement. You must pay us interest together with any
overdue amount.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please
contact us promptly to let us know. You will not have to pay any interest until the dispute is
resolved. Once the dispute is resolved we will charge you interest on correctly invoiced
sums from the original due date.
13. Our Responsibility for Loss or Damage Suffered by You:
We are responsible to you for foreseeable loss and damage caused by us. If we fail to
comply with these terms, we are responsible for loss or damage you suffer that is a
foreseeable result of our breaking this contract or our failing to use reasonable care and
skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if either it is obvious that it will happen or if, at the time the contract
was made, both we and you knew it might happen, for example, if you discussed it with us
during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to
do so. This includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights in relation to the products as summarised
at Clause 11.2 OR including the right to receive products which are: as described and match
information we provided to you and any sample or model seen or examined by you; of
satisfactory quality; fit for any particular purpose made known to us; supplied with
reasonable skill and care and, where installed by us, correctly installed; and for defective
products under the Consumer Protection Act 1987.
13.3 Warranty.
We do offer warranty, this is against manufacturing defects of the product purchased for
the part’s lifetime whilst in the ownership of the original purchasing user, we are unable to
perform warranty claims to second hand customers. We do not offer warranty against a
fitted part that is not specifically designed for the given vehicle.
Please note: WE DO NOT OFFER A WARRANTY ON PARTS THAT ARE FITTED TO VEHICLES
THAT ARE USED IN MOTORSPORT, COMPETITION, ROAD RALLY OR TRACK EVENTS. FOR
THESE PURPOSES, THE BUYER ASSUMES ALL RESPONSIBILITY THAT THE COMPONENTS ARE
FIT FOR USE.
13.3. We are not liable for business losses. We only supply the products for domestic and
private use. If you use the products for any commercial, business or re-sale purpose we will
have no liability to you for any loss of profit, loss of business, business interruption, or loss
of business opportunity.
14. How we may use your personal information:
14.1 How we will use your personal information.
We will use the personal information you provide to us:
a) to supply the products to you;
b) to process your payment for the products’ and
c) if you agreed to this during the order process, to give you information about similar
products that we provide, but you may stop receiving this at any time by contacting us.
14.2. We will only give your personal information to other third parties where the law either
requires or allows us to do so.
15. Other Important Terms
15.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant authority decides
that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not
insist immediately that you do anything you are required to do under these terms, or if we
delay in taking steps against you in respect of your breaking this contract, that will not mean
that you do not have to do those things and it will not prevent us taking steps against you at
a later date. For example, if you miss a payment and we do not chase you but we continue
to provide the products, we can still require you to make the payment at a later date.
15.3 Which laws apply to this contract and where you may bring legal proceedings. These
terms are governed by English law and you can bring legal proceedings in respect of the
products in the English courts. If you live in Scotland you can bring legal proceedings in
respect of the products in either the Scottish or the English courts. If you live in Northern
Ireland you can bring legal proceedings in respect of the products in either the Northern
Irish or the English courts.