By placing an order for Products, you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon Flow Performance Automotive Ltd giving notice of its formal acceptance of an order.

1. Who we are

• 1 We are Flow Performance Automotive Ltd and our e-commerce website (www.flowperformance.co.uk (our Site)) specialises in the sale of aftermarket and performance vehicle parts and accompanying products (the Products).
• 2 These are the terms and conditions (the Terms) on which we supply the Products listed on our Site to you.

2. These Terms and what they cover

• 1 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, please contact us in writing to discuss:

• • Email: [email protected]
  • Post: Flow Performance Automotive Ltd, 4 Turbary Road, Poole, Dorset, BH12 4HB

• 2 You may only buy Products from our Site for personal use and not for any commercial, business or resale purposes.
• 3 By ordering Products from our Site you agree to be bound by these Terms and that they form the basis of the Contract between you and us for the supply of the Products.
• 4 In these Terms:
  • 4.1 we, us, or our means Flow Performance Automotive Ltd, a company registered in England and Wales. Our company registration number is 13409215 and our registered office is at 4 Turbary Road, Poole, Dorset, BH12 4HB
  • 4.2 you or your means the person whose details are set out in the order to be submitted to our Site.

3. How to contact us

• 1 You can contact us in writing by:

• • Email: [email protected]
  • Post: Flow Performance Automotive Ltd, 4 Turbary Road, Poole, Dorset, BH12 4HB

• 2 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.

4. Our Contract with you

• 1 Please check your order carefully and correct any errors before completing the checkout process and placing your order (your Order).
• 2 You may place an Order with our Site as a guest user, or you can create an individual account (Customer Account).
• 3 If we are unable to accept all or part of your Order we will:
  • 3.1 contact you to say that we are unable to accept your Order in whole or part: and
  • 3.2 not charge you for:
    • (a) the Products that we are unable to accept your Order for (where we are unable to accept part of your Order); or
    • (b) any of the Products in your Order (where we are unable to accept your entire Order);
  • 3.3 and where a charge has been taken, we will refund the relevant amount taken from your payment method in respect of the Products we are unable to accept your Order for.
• 4 We may be unable to accept your Order for the following reasons:
  • 4.1 the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for;
  • 4.2 your chosen Payment Method is unable to authorise your payment to us;
  • 4.3 we have identified an error in the price or description of the Product; or
  • 4.4 we are unable to meet a delivery deadline (if any) you have specified.
• 5 Subject to Clause 4.6, our acceptance of your Order will take place when we email you to confirm:
  • 5.1 what Products we are supplying; and
  • 5.2 that we accept your Order and the Products have been dispatched;
• (our Order Despatch Confirmation), at which point a contract will come into existence between you and us for the supply of the Products set out in our Order Despatch Confirmation (Contract). If you think any information in our Order Despatch Confirmation is wrong, please contact us promptly to let us know.
• 6 In certain circumstances, the Products within your Order may be delivered by one of our third party suppliers before you receive our Order Despatch Confirmation. In these instances, the contract between you and us for the supply of the Products set out in our Order Despatch Confirmation shall come into existence upon delivery of such Products to you.
• 7 Your order number. We will assign an order number to the Contract and tell you what is in our Order Despatch Confirmation. It will help us if you can tell us the order number whenever you contact us about your Order.
• 8 Our Site is solely for the promotion of our products in the UK. To enquire with us about placing an order from outside of the UK, please contact us by emailing us at [email protected] or writing to us at Flow Performance Automotive Ltd, 4 Turbary Road, Poole, Dorset, BH12 4HB. We have sole discretion as to whether to accept any order accepted outside of the UK.
• 9 We reserve the right to only accept orders from people who are over the age of 18.

5. Our Products

• 1 Products may vary from the pictures on our Site – The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
• 2 Product packaging may vary from that shown in images on our Site.

6. Changes

• 1 Your rights to make changes to your Order – If you wish to make a change to the Products 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 Products, 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 9 – Your rights to end the Contract).
• 2 Our rights to make changes – We may change Products:
  • 2.1 to reflect changes in relevant laws and regulatory requirements; and/or
  • 2.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.

7. Price and payment

• 1 Where to find the price for the Product – The price of a Product (which includes VAT) 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 7.3 for what happens if we discover an error in the price of a Product you have ordered.
• 2 If the rate of VAT changes between the date of your Order and the date we take payment for the Product, we will adjust the rate of VAT that you pay to account for such changes.
• 3 Incorrect pricing – 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 unmistakeable 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 Products provided to you.
• 4 We accept payment by most major credit or debit cards, Stripe and both PayPal Pay Now and PayPal Credit.
• 5 Unless your chosen Payment Method collects payment from you immediately upon placing your Order, you must pay for the Products before we dispatch them.
• 6 We may charge interest if you are late in paying for Products – 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 8% 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 judgment. You must pay us interest together with any overdue amount.
• 7 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.

8. Coupon Policy

• 1 We may issue coupon codes which can be used at checkout to provide a discount to your order. When coupon codes are issued, they are issued with the purpose of being used by a specific pre-agreed user, e.g. an authorised car club member, etc.  If a coupon code is used outside or its intended use, the code will be rejected after the order is placed and also our contract may be ended, resulting in the cancellation of your order.

9. Delivery of the Products

• 1 The costs of delivery will be as displayed to you on our Site and will depend on the method of delivery you have chosen.
• 2 We will deliver or facilitate the delivery of the Products to you as soon as reasonably possible and in any event within 60 days after the day on which we provide our Order Despatch Confirmation.
• 3 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.
• 4 Ending the Contract for late delivery – If you do choose to treat the Contract as at an end for late delivery, you can cancel your order for any of the Products or reject Products that have been delivered. Please see our Returns Policy for details of and conditions for returning products.
• 5 Your responsibility for the products – The Products will be your responsibility from the time we deliver them to the address you gave us for delivery.
• 6 When you own the products – You will own the Products once we have received payment in full.
• 7 Disputes for delivery issues with a driver, signature disputes, damaged or missing consignments must be submitted in writing to Flow Performance Automotive Ltd and if required, to a 3rd party courier. If a delivery appears successful but an issue with your order still remains, a declaration must be submitted (once received) in writing.
• 8 All deliveries must be checked upon receipt for accuracy of fulfilment, defects or other issues potentially experienced throughout transit. Please see our returns policy for further details on potentially damaged products.

10. Your rights to change your mind and end the Contract

• 1 Your rights to end the Contract will depend on whether there is anything wrong with the Products, how we are performing the Contract and when you decide to end the Contract.
• 2 Your right to change your mind (Consumer Contracts Regulations 2013) – Please see our Returns Policy for further information
• 2.1 If the Products are split into several deliveries over different days our Returns Policy will come in to effect when you receive the last delivery of the products
• 3 You may end the Contract for the following reasons:
  • 3.1 we have told you about an upcoming change to the Product or these terms which you do not agree to;
  • 3.2 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;
  • 3.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
  • 3.4 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 30 days; or
  • 3.5 you have a legal right to end the Contract because of something we have done wrong.
• 4 You may end the Contract for one of the reasons under Clause 10.3 by emailing us at [email protected] with your order number and delivery address.
• 5 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 10.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product or Products to be supplied under that Contract are delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you are outside the time limits in which you have the right to change 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 (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the Contract.

11. Returning products after ending the Contract

• 1 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 at Flow Performance Automotive Ltd, 4 Turbary Road, Poole, Dorset, BH12 4HB. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
• 2 We will pay the costs of return if:
  • 2.1 the Products are misdescribed*; or
  • 2.2 if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
    In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
• 3 Defining the term *misdescribed, this term references item properties & specifics and does not include vehicle compatibility or modification use cases.

12. Refunds

• 1 For further details of refunds or returns, please see our separate Orders and Returns Policy

13. Our rights to end the Contract

• 1 We may end the Contract for a Product at any time by writing to you if:
  • 1.1 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;
  • 1.2 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
  • 1.3 you do not, within a reasonable time, allow us to deliver the Products to you.
  • 1.4 raise a dispute or escalated payment claim through the original gateway in which the payment was received (this includes but is not limited too, refunds, warranty claims, repairs, 3rd party services and replacement products/components).
• 2 If we end the Contract in the situations set out in Clause 13.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

14. We may suspend the Product

• 1 We may have to suspend the supply of a Product:
  • 1.1 to deal with technical problems or make minor technical changes;
  • 1.2 to update the Product to reflect changes in relevant laws and regulatory requirements;
  • 1.3 to make changes to the Product as requested by you or notified by us to you
  • 1.4 in the event that you do not pay us for the Products when you are supposed 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. 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.
• 2 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 at least 7 days 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.

15. If there is a problem with the Product

• 1 We are under a legal duty to supply Products that are in conformity with the Contract.
• 2 If you have any questions or complaints about the Product, please contact us.
• 3 If you wish to exercise your legal rights to reject Products you must post them back to us.

16. Our responsibility for loss or damage suffered by you

• 1 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.
• 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:
  • 2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • 2.2 fraud or fraudulent misrepresentation;
  • 2.3 breach of your legal rights in relation to the products including the right to receive products which are: as described (excluding vehicle compatibility) and match descriptive 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.
• 3 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. Any such commercial, business or re-sale usage is strictly prohibited.
• 4 We only supply the Products for off-road and private usage unless stated in the Product’s descriptive materials. Where modifying a vehicle may deem it un-road worthy we accept no liability for compliance in countries we supply to.

17. How we may use your personal information

• We will only use your personal information as set out in our Privacy Policy.

18. Other parties who may perform the Contract

• You agree that we may instruct other persons, companies or firms to carry out our obligations under the Contract on our behalf, including where we instruct such persons, companies or firms to procure or arrange delivery of the products to you. You may refer to their terms and conditions for further details and information as regards their services.

19. Other important terms

• 1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
• 2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
• 3 When we use the words writing or written in these terms, this includes emails and notices posted on our Site.
• 4 Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
• 5 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 the 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.

20. Which laws apply to this contact 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.