TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS FOR THE SALE OF SERVICES AND GOODS
BACKGROUND:
These Terms and Conditions are the standard terms for the sale of goods by Phoenix Car Keys, a company registered in England, whose registered address is 8 The Old Mill Norwich Road, Hoveton, Norwich, England, NR12 8DA.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Commercial Unit” means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
“Contract” means the contract for the purchase and sale of Services and Goods, as explained in Clause 3;
“Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Month” means a calendar month;
“Pre-Contract Information” means information about Phoenix Car Keys, the Services, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, some of which will be provided by Our salespeople over the telephone, and all of which will be made available to you via www.phoenixcarkeys.co.uk;
“Price” means the price payable for the Services and Goods;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services and Goods which We may offer from time to time;
“Order” means your order for the Services and Goods, made via telephone;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our” means Phoenix Car Keys, whose registered address is Phoenix Car Keys, a Private Partnership registered in England, whose registered address is 8 The Old Mill Norwich Road, Hoveton, Norwich, England, NR12 8DA
2. Information About Us
2.1 Phoenix Car Keys, a company registered in England, whose registered address is 8 The Old Mill Norwich Road, Hoveton, Norwich, England, NR12 8DA
2 We are not currently VAT Registered
3. The Contract
3.1 These Terms and Conditions govern the sale of Services and Goods by Us via telesales and will form the basis of the Contract between Us and you. Before making your Order, you will be offered a link and directed to these terms and conditions. Please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing via email or SMS.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Services and Goods;
3.4.2 Our identity (set out above in Clause 2) and contact details (set out below in Clause 14);
3.4.3 The total Price for the Services and Goods including taxes or, if the nature of the Services and Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
3.4.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Services and Goods;
3.4.6 Our complaints handling policy;
3.4.7 We shall ensure that you are aware of Our legal duty to supply Services and Goods that are in conformity with the Contract;
3.4.8 Where applicable, details of after-sales services and commercial guarantees;
4. Description and Specification of Services and Goods
4.1 We have made every reasonable effort to ensure that the Services and Goods conform to descriptions provided by Our salespeople. We cannot, however, guarantee that all descriptions will be precisely accurate.
4.2 If you receive any Services and Goods that do not conform to the Contract, please refer to Clause 9.
4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales information, pricing or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Services and Goods.
4.4 We reserve the right to make any changes in the specification of the Services and Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
5. Orders
5.1 All Orders for Services and Goods made by you via telesales will be subject to these Terms and Conditions.
5.2 You may change your Order at any time before We begin providing the Services and Goods by contacting Us. Requests to change Orders do not need to be made in writing.
5.3 If your Order is changed, We will inform you of any change to the Price when you contact Us and will confirm the change at this point.
5.4 If you change your mind, you may cancel your Order at any time either before We begin providing the Services and Goods or, subject to limitations, once the Services have begun by contacting Us. Please refer to Clauses 12 and 13 for details of your cancellation rights.
5.5 We may cancel your Order at any time before We begin providing the Services and Goods in the following circumstances:
5.5.1 The required personnel and/or required materials necessary for the provision of the Services and Goods are not available; or
5.5.2 An event outside of Our control continues for more than 14 Calendar Days (please see Clause 11 for events outside of Our control).
5.6 If We cancel your Order under sub-Clause 5.5 and you have already made any payment to Us, the payment will be refunded to you within 14 Calendar Days. If We cancel your Order, you will be informed by telephone.
6. Price and Payment
6.1 The Price of the Services and Goods will be that given by Our salespeople at the time of your Order.
6.2 If We offer a Special Price, the Special Price will be valid for 30 minutes or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
6.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
6.4 All Prices do not currently include VAT, however when we become VAT registered, if the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
6.5 We accept the following methods of payment:
6.5.1 Card Payment and Klarna Credit;
6.5.2 BACS Transfer;
6.6 We do not charge any additional fees for any of the payment methods listed in sub-Clause 6.5.
7. Providing the Services
7.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which shall be confirmed in Our Order Confirmation). Please note that if you request that the Services begin within the statutory 14 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be limited or lost. Please see Clause 12 for your statutory cancellation rights.
7.2 We will continue providing the Services until the order is complete.
7.3 We will make every reasonable effort to provide the Services in a timely manner and to complete them on time. We cannot, however, be held responsible for any delays if an event outside of Our reasonable control occurs. Please see Clause 11 for events outside of Our control.
7.4 If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as Photo Identification, V5C, and Vehicle Insurance Certificate.
7.5 If the information you provide under sub-Clause 7.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.
7.6 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency and requires immediate action We will inform you in advance by telephone before suspending or interrupting the Services.
8. Problems with the Services and Your Legal Rights
8.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible via telephone.
8.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
8.3 We will not charge you for remedying problems under this Clause 8 where the problems have been caused by Us, any of Our agents or sub-contractors. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 7.5 will apply and We may charge you for the remedial work.
8.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
9. Faulty, Damaged or Incorrect Goods
9.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a repair or replacement.
9.2 Please note that you will not be eligible to claim under this Clause 9 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 9 merely because you have changed your mind.
9.3 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10. Our Liability
10.1 We will not be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.1.1 In certain circumstances, our locksmiths may face challenges completing a service due to factors beyond our control in cases where there are underlying vehicle issues, or our team are not advised of any vehicle modifications, previous failed locksmith attendances, or recent work performed on the vehicle. In such cases, our locksmith or office team will promptly inform the customer of the challenges faced and communicate the reasons for inability to complete the service. If the issue stems from any of the reasons listed, we shall leave the customer with the key as ordered, once rectification work has been completed by the customer, we shall return to complete the key programming. In such events there will be no refund of paid fees.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:
11.2.1 We will inform you as soon as is reasonably possible;
11.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
11.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services and Goods as necessary;
11.2.4 If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
11.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
12. Your Statutory Right to Cancel
12.1 As a consumer, you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed (as explained in sub-Clause 3.3). You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 12.2 will not apply.
12.2 As noted in sub-Clause 7.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
12.2.1 If the Services are fully performed within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed.
12.2.2 If you cancel the Services after they have begun but are not yet complete (we define services commencing from the point at which a locksmith is appointed to your case or the point at which we have ordered parts, equipment or products in order to perform your service) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. Our standard cancellation charge is £120 unless confirmed otherwise by the salesperson in the initial call. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.
12.3 Cancellation within 30 minutes and no action taken on file – refund minus £100 admin fee.
Cancellation after 30 minutes – as per agreed cancellation fee.
12.4 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 12.1 expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted). Please contact Us:
12.4.1 By telephone on 03330065210
12.4.2 By email on info@phoenixcarkeys.co.uk
12.5 Refunds under this Clause 12 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
12.6 Refunds under this Clause 12 will be made using the same payment method you used when ordering the Services.
13. Cancellation After the Statutory Cancellation Period
13.1 Cancellation of Services after the 14 Calendar Day cancellation period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. You will be informed of the relevant duration and cancellation provisions by Our salespeople before you complete your Order and details will also be included in the Pre-Contract Information.
13.2 If you wish to exercise your right to cancel under this Clause 13, you must inform Us of your decision to do so. You may do so in any way that is convenient for you. Please contact Us:
13.2.1 By telephone on 0333 0065210
13.2.2 By email on info@phoenixcarkeys.co.uk
13.3 Eligibility for refunds may vary according to the Services ordered. In some cases, you may be required to make a further payment on cancellation. You will be informed of the relevant terms by Our salespeople before you submit your Order and details will also be included in the Pre-Contract Information.
13.4 Refunds under this Clause 13 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
13.5 Refunds under this Clause 13 will be made using the same payment method you used when ordering the Services.
14. Communication and Contact Details
14.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 03330065210 or by email at info@phoenixcarkeys.co.uk
14.2 For orders, payments and delivery please contact Us by telephone at 03330065210 or by email at info@phoenixcarkeys.co.uk
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from our website www.phoenixcarkeys.co.uk
15.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
15.3.1 In writing, addressed to Phoenix Car Keys Ltd, Complaints Department 8 The Old Mill Norwich Road, Hoveton, Norwich, England, NR12 8DA, 15.3.2 By email, addressed to Complaints Department, or email info@phoenixcarkeys.co.uk
15.3.3 By contacting Us by telephone on 03330065210
16. How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Policy available from our website www.phoenixcarkeys.co.uk
17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
17.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
18.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
