Terms & Conditions
Terms and Conditions
The following terms and conditions apply to all the content on the www.OakleyDesign.eu website.
The information displayed within this web site has been presented to the best of our knowledge.
Oakley Design is a registered trademark of Oakley Design Eu Ltd.
Oakley Design is an independent company and is not a division of Porsche Cars.
Unless otherwise noted, prices do not include shipping or VAT.
Shipping costs are based on destination, weight and size.
If applicable, other charges such as brokerage, import duty and local taxes are the responsibility of the buyer.
Unless stated differently, all parts shown on this website are new and original.
General Terms and Conditions of Oakley Design.
The following General Terms and Conditions shall apply to all offers, contracts, deliveries and other services including consultancy services, information and similar.
Deviating conditions of the purchaser that are not expressly accepted by us in writing shall not be binding for us, even if we do not expressly reject them. All contracts concluded with us shall be governed by English law (UK).
II Offer and placing of orders
Our offers are always subject to confirmation. We reserve the right to alter the prices and technical data stated in catalogues, brochures, advertisements and price lists or in documentation pertaining to the relevant offer. In case of engine modifications, the actual performance may exceed or fall below the desired engine performance. The indicated values refer to our test bench engines. Subject matter of the contract is the installation of the parts from the performance kit on offer. As with new cars, the performance of our modified engines may vary depending on the condition of the original material. Contracts are concluded by our written offer / confirmation of order / invoice. Prices shall be valid for 3 months after the date of the confirmation of order / invoice. All prices are subject to statutory value added tax. If longer delivery times are agreed, our prices valid at the date of delivery will be charged.
III Delivery and delays in delivery
Delivery dates or delivery times are always non-binding. Agreed delivery dates are estimated dates only. In case of force majeure, strike, technical changes or inability on our part or on part of our suppliers for which we or our suppliers are not responsible, the delivery time will be extended by a period which corresponds to the duration of the hindrance. The indicated delivery dates or delivery times are planned dates only. When such dates have been exceeded by 6 weeks, the purchaser may invite us in writing to deliver within reasonable time. This reminder shall be deemed as a formal notice of default.
IV Terms of payment
1. Invoices will be issued in Pounds Sterling or Euro based on the prices valid at the date of delivery. Unless otherwise agreed, packing and freight costs will be invoiced in addition. Dispatch is only possible upon advance payment.
2. No rebates or discounts can be granted without written consent.
3. Interest on arrears shall be calculated at 3 % p.a. above the bank rate as set by the Bank of England, excluding statutory value added tax. As far as additional costs banking fees etc. can be accounted for, such costs may be also be charged to the customer.
4. Retention of payments for counterclaims made by the purchaser or any set-off against such claims shall only be permitted if the counterclaims have been expressly acknowledged by us or validly established by court. Modified cars will only be delivered when complete payment has been made.
V Transfer of risk and acceptance:
Any consignments and any return consignment shall be sent at the cost and the risk of the purchaser. The risk shall be transferred to the purchaser as soon as we have handed over the goods to the forwarding agent etc. This also applies to consignments within our places of trading, UK. If goods are dispatched in our own cars, the risk shall be transferred to the purchaser when the goods are loaded.
If the purchaser refuses to accept goods sent to him, we shall no longer be obliged to send them again but shall have the right to set the purchaser a time limit of 14 days to collect the goods on our premises, on pain of cancellation of contract. Should the purchaser not collect the goods within the set time limit, we have the right to cancel the contract and to claim damages for non-performance. Such damages shall amount to 15 % of the gross invoice value for vehicles and to 20 % of the gross invoice value for parts and other services, without any obligation on our part to prove the amount of our actual losses. Such claims for damages shall be void if the purchaser can prove that we did not suffer any loss at all or that the amount of our actual loss was less than this lump sum. We shall always have the right to claim compensation for our losses exceeding the lump sum. The above damages regulations shall also apply if it was agreed from the outset that the goods were to be collected on our premises – i.e. no dispatch was to be made –
and if we have set a time limit of 14 days for collection on pain of cancellation.
A important note to customers who have purchased from an agent or dealer (such as Tech Tuning or Farnbacherloles). You have not purchased the part direct from Oakley Design. Eu Ltd and your contracts are held with the Agent or dealer who processed your payment. If the product is not received, damaged or fails please contact the correct supplier with your purchase receipt or payment confirmation. Oakley Design.Eu Ltd will not be held responsible for any payment or delivery issues where a 3rd party agent has been involved.
VI Retention of title
The goods shall remain our property until full payment of all our claims against the purchaser, irrespective of the cause in law, and until redemption of any bills and cheques accepted in payment, even if the price for particular claims has been paid. In case of current accounts, the reserved property shall serve as security for our outstanding balance claim. In case of processing, any acquisition of property by the purchaser with regard to the reserved goods shall be excluded. Any processing by the purchaser is carried out in our name. The new object shall serve as a security, but only up to the amount of the reserved goods. If the goods are processed together with other goods we do not own, we shall have joint ownership of this object corresponding to the proportion of value of the reserved good as compared to the other processed goods. The new object shall be considered as a reserved good as per definition in the present conditions. Any receivables due to the purchaser from the resale of reserved goods are already assigned to us now, irrespective of the fact whether the reserved goods are sold to one or several customers, without further processing or after they have been processed. The assigned claim shall serve as a security, but only up to the amount of the reserved goods that were actually sold. If the purchaser sells the reserved good together with other goods we do not own - either without further processing or after they have been processed -, then the assignment of the purchase price receivable shall be restricted to the value of the reserved goods.
Any resale of the reserved good by the purchaser shall be subject to the condition that the purchase price claimed on account of the resale is assigned to us. He shall not be entitled to any other disposal. The purchaser shall be entitled to collect the receivables but shall not be entitled to dispose of them in any other way, in particular not to assign them. As long as he duly fulfils his obligations to pay we shall not exercise our right of collection. Upon request, the purchaser must disclose the debtors of the assigned receivables and must inform them of the assignment.
Following complete settlement of all of our claims resulting from the business relationship, title shall immediately pass on to the purchaser and he shall also be entitled to the assigned claims again.
The securities to which we are entitled in accordance with the above stipulations shall be released by us - at our option - as far as their value exceeds the claims to be secured by 20 % (on the condition, however, that except for claims in a current account, a release shall only be made fur such deliveries or their replacement value which in turn have been paid in full). For the duration of our retention of title, the purchaser shall inform us immediately of any enforcement measures taken against the object of sale - either processed or unprocessed - or against the claims assigned by way of extended retention of title.
In case of compulsory enforcement, the purchaser shall immediately take any measures that are required to counteract any adverse effects on our interests and rights. The costs for any intervention shall be borne by the purchaser.
In case of suspension of payment the purchaser shall be obliged to separate the goods delivered by us that are still available and to supply us with a detailed list. If we take back the reserved goods, such taking back shall not be considered as cancellation of the contract unless cancellation is expressly declared.
We shall be entitled to contractual lien with regard to any claims against the purchaser as well as to other objects which were given to us by the purchaser or
which we have acquired.
Any compensation claims of any kind, in particular claims resulting from delay, inability to perform, positive violation of contractual duty, culpa in contrahendo and from unlawful acts shall be excluded unless the damage was caused by wilful or grossly negligent action on our part. The purchaser shall bear the risk for any test drive.
In as far as our liability is concerned, only monetary compensation up to the amount of the replacement value can be demanded.
1. If parts delivered by us are defective, we reserve the right to replace these parts by new parts or to repair them. As far as nothing to the contrary was agreed in writing, warranty shall be transferred from the original manufacturer and restricted to a maximum of 3 months from the day of delivery. A faulty design or faulty execution shall constitute the precondition for liability. Warranty shall be excluded if
a. the buyer has already made arbitrary repairs;
b. the delivered parts are used in motor sport competitions or similar events. As racing parts are high-performance goods with a short service life, our warranty obligation for such parts is restricted to the guarantee that upon delivery, the material of the brand new parts is faultless in accordance with the relevant state of the art.
Exhausts / Exhaust Systems: Exhaust systems are regarded as racing parts and are supplied with no warranty expressed or implied.
2. Excluded parts:
The following parts are excluded from any warranty as their durability and function solely depends on the driver’s treatment. This includes:
- turbo charger
- clutch (fly wheel, clutch disc, pressure plate, thrust bearing, operating lever)
- synchronizer rings for all gears
- selector forks (and their position)
- gear wheels gear 1 and 2 and connected parts
- clutch discs in case of automatic transmission
- complete differential (with or without lock)
- drive shafts
- brakes (discs and pads)
3. Changes to a vehicle may affect the vehicle handling, the volume within or outside the vehicle as well as the response time of the engine. This is a normal phenomenon which the customer accepts to the extent that it is not a very serious impairment.
4. Warranty shall cease if:
a. the maintenance work required according to the service book for the vehicle is not carried out or not carried out properly,
b. if the instructions in the user’s manual are not observed,
c. if the vehicle is driven in races or on race tracks,
d. if technical changes not approved by us are carried out on the vehicle.
Any claims to rescission or adjustment of the purchase agreement or abatement of the purchase price shall be excluded as long as we fulfil our above-mention warranty.
5. Place of installation:
As a general rule, Oakley Design can only offer warranty for parts and reconstruction work installed either at Oakley Design.Eu Ltd or by a specialised workshop approved by Oakley Design.
X.Used parts:Any parts removed from vehicles (original or used parts) must be taken over by the purchaser within 4 weeks. We shall not be responsible for storage beyond this date.
Replacement is excluded. This regulation does not apply to parts that are set off or become our property in any other way.
XI Acceptance by MOT/SVA/TÜV [Technical Control Board]
As a general rule, the purchaser’s right to registration by TÜV is restricted to those Oakley Design parts for which a TÜV parts appraisal is available. Parts which must be registered by individual TÜV approval will be invoiced separately. Parts used for motor sports will not be registered at all.
XII Place of fulfilment and place of jurisdiction:
As far as the purchaser is a merchant entered as such in the commercial register,
England (UK) shall be the place of fulfilment and the place of jurisdiction for all disputes arising between the purchaser and us from the present contract. The same place of jurisdiction shall apply if the purchaser does not have a general place of jurisdiction within the country or if he relocates his place of residence or business or his ordinary residence to a foreign country or if his place of residence or business or his ordinary residence is not known at the time the lawsuit is filed.
XIII Deliveries to foreign countries:
The above General Terms and Conditions also apply for deliveries to foreign countries. Any legal issues arising from the business relation shall be exclusively
governed by English law and UK place of jurisdiction.
XIV Invalidity of individual provisions
Invalidity of individual provisions shall not affect the validity of the contract or the validity of the remaining provisions.
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