Business Terms and Conditions for Consumers
1. Introductory provisions
The following Business Terms and Conditions for Consumers set out the rights and obligations of the parties to the agreements concluded via the website woocommerce-895229-3106207.cloudwaysapps.com and shall apply when you access the Website and/or place an order to purchase any custom made car mats or other product listed on the Website .
By accessing the Website or placing an order you acknowledge that you have read and understood these Terms and that you agree to comply with and be bound by these Terms.
These Terms are an inseparable part of any order placed via the Website that we accept by which you purchase a custom made car mat from us.
These Terms shall be applicable to consumers only. For the purposes of these Terms, a consumer is an individual acting in his or her private capacity and who browses the Website and/or places an order to purchase products .
2. Making a purchase
You may order a Product by placing an order on the Website. The instructions on the Website will guide you through the order process. You can place an order which will contain all the required information and specifications of the Product to be ordered by clicking on the Purchase Now/Confirm the Order/Order Now button at the end of the online order process. You can add any important details / particularities in relation to your order in Other details option .
When you have placed your order, we will send you an email acknowledging your order and its details to the email address specified in your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card.
You shall pay the full purchase price of the ordered Product by the payment method that you choose. After we receive the payment, we will send you an email confirming the acceptance of your order and the payment of the Purchase Price . The moment you receive the Confirmation Email is the moment of conclusion of the purchase agreement regarding the ordered Product.
We reserve the right in exceptional cases to reject your order at any time and at our sole discretion, in particular, but not limited to, when the ordered Product or material is out of stock, or it is impossible to manufacture or deliver the Product for any other reason whatsoever.
We also reserve the right to refuse the order if you do not pay the Purchase Price in full immediately after placing your order (the time needed for an international wire transfer is taken into account).
We may also require additional verifications or information before accepting any orders. If, despite all our efforts, we are unable to fulfil your order following our acknowledgement of your order, we will contact you by email and promptly refund the Purchase Price in full.
You may change or cancel your order until we send you the Confirmation Email regarding the order or in 24 hours after the order was placed . After we send you the Confirmation Email or if more than 24 hours have passed since the order has been placed no change or cancellation of your order shall be possible without our consent.
3. Purchase Price and Payment
The prices quoted on the Website are always up to date and valid.
The prices include shipping costs however extra charges apply for express shipping.
The prices also do not include any import taxes or other taxes and/or duties applicable in your country; any such taxes and duties shall be borne solely by you. Please note that this may delay your delivery time as it is your responsibility to pay any applicable charges to local authorities upon delivery to release goods held at customs. Diamond Car Mats is not responsible to notify or charge customers for any additional customs and duty fees.
Final payment of your order will be made in either EUR, GBP , USD, AUD or CAD . As such, the final credit card and debited amounts may vary based on currency fluctuations and bank commissions. We encourage you to contact your bank to receive the accurate price conversion and any bank commissions related to the transactions.
The price of the Product at the moment of placing your order is binding. The price will not vary later, whatever currency fluctuations occur. Refunds will also be set at the price you paid in EUR,USD, AUD ,GBP or CAD, not the price in the applicable currency on the date of refund.
Special promotional prices are valid for a limited period of time.
We reserve the right to declare the purchase agreement void in case of misused invalid or incorrect personal data, a misused or invalid payment card or in other similar cases or upon the intervention of an administrative or court authority. Should any such circumstance occur, we will inform you at the email address specified in your order.
We accept the following methods of payment:
- Online card payment ;
- Paypal payment.
The purchase agreement will not be concluded before full payment of the Purchase Price. The payment of the Purchase Price is considered an advance payment.
Once the order is placed, your billing details cannot be edited.
Your credit or debit card company may undertake an additional security check to confirm that you are the one placing the order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
The purchase agreement concluded between you and us and the respective invoices are not publicly available.
We are doing our best to arrange delivery of the Product you ordered to the place and person as stated in your order as soon as possible. All our products come with standard free delivery however extra charge will apply for express delivery .Please see our delivery section(shipping times page – http://woocommerce-895229-3106207.cloudwaysapps.com/shipping-times/ ) to view the estimated timing .
We will dispatch the ordered Product to the place stated in your order as soon as possible, usually in 5-7 business days after the sending of the Confirmation email. We may specify on our web pages or notify you that a longer period is necessary for manufacturing a certain type of a Product. Please see our shipping times page( http://woocommerce-895229-3106207.cloudwaysapps.com/shipping-times/ ) to view the estimated timing .
Please note that our duty to deliver the Product is fulfilled and the risk of loss passes to you when we deliver the Product to the shipping company with the address designated by you in your order.
We assume no liability for late delivery of the ordered Product, for any damage to the Product during transit or for any delays owing to customs clearance.
Please also note that public holidays in the place of delivery can cause a delay in the delivery of the Product. Therefore, please order the Products from our Website with enough lead time to prevent any loss or disappointment resulting from the delivery time as we cannot be held responsible in case the above mentioned circumstances occur.
Upon receipt of the ordered Product from the shipping company you shall perform a proper and thorough inspection of the delivery (namely the number of packages, undamaged sealing tape and undamaged packaging). Incomplete or damaged deliveries shall be reported to us and the shipping company immediately and a report shall be promptly filed with the shipping company and sent to us by email or post without undue delay. Any subsequent claims of incomplete delivery or damaged packaging shall not be accepted.
5. Product and Warranty
The product is customised to fit the vehicle which has been specified on the order form.
The product is made using layers of strong material like eco leather ,synthetic fiber and an anti-sliding undersurface according to special 3D measurements .
Eco leather is leather made from the inner splits of the hide and finished with a polyurethane coating. This leather is made resistant to water penetration and has a high fade resistance. For everyday use this type of leather is great since spills and things can be easily cleaned and it is truly a user friendly covering.
As the product is custom made deviation 1 inch should be expected.The material, cutting and design of the product shall still conform to the car model characteristics as specified by you in your order and confirmed by us in the Confirmation Email.The car mats and other Products you ordered shall have the characteristics as described on our Website.Please bear in mind that the product is a car mat not a full floor manufacturer fitted carpet.
All Products are packed so as to provide for their protection and preservation, usually in special bags/boxes . All packaging units are sealed with adhesive tape or by another method in order to protect the Product from damage caused by manipulation and handling during shipping.
By making the purchase of car mats you specifically acknowledge that the car mats are of a specific nature and have usage limits ; the car mats are intended for repeated or everyday use but in time will become unusable . Any damage to the mats caused by use over a longer period of time shall not be considered a defect according to the Terms.
It is your responsibility to examine the Product, its characteristics and quality as soon as possible after the Product is delivered to you.
A custom made car mat is deemed defective if it lacks the agreed characteristics, i.e. it is not made according to the specified car model (with measurement allowance up to 1 inch), material, cutting or design, or if it has material or workmanship defects.
We guarantee all of our Products against defects within the statutory warranty period of 12 months beginning the day after you receive our Product. Please note that the warranty does not apply:
- to usual wear and tear,
- to improper use or neglected maintenance,
- to mechanical damage,
- to excessive use or use contrary to the terms and conditions stipulated in these Terms,
- in case any adjustments to the dress or other Product are made by you or any third party,
- to forces of nature or force majeure.
The warranty covers material and manufacturing defects existing at the time of the purchase of the mats.The warranty only comes into force if the proof of purchase is shown, with a valid payment of receipt.
During the warranty period and by presenting the proof of purchase, you will have the right to get a replacement. Elite Car Mats has sole discretion to determine manufacturer’s defects.
EXCEPT FOR THE WARRANTY PROVIDED ABOVE, THE PRODUCTS ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Please note that in case of a defect, to the extent permitted by law, the following are your sole and exclusive remedies. You are responsible for any and all costs associated with the return of the product , and for any damage that occurs while the Product that you are returning is in transit.
In case of an exchange we will also assume any and all costs associated with the delivery of the new defect-free Product to you.
You shall claim your rights arising from the defective delivery without undue delay as from the moment you discover the defect upon thorough inspection performed as soon as possible after the Product is delivered to you.
How to proceed with your warranty claim on your product:
Please email us first ( [email protected] ) with details of the product fault, pictures of the product fitted on the car including the small back code label , your order number and date of purchase. Wait for our reply /response and when advised:
Ship your mats, and include:
A Note stating the product fault
Your Name, order number, email address, Phone number and Your Address.
We will then test or inspect your product and advise on the situation in relation to Warranty Terms and Conditions.
Note: Items purchased from an Authorised retailer must be returned to the place of purchase.
We advise that you send your package recorded delivery.
To obtain warranty service, you must deliver the product either in its original packaging, or packaging providing an equal degree of protection, to our warehouse in China.
Promptly after we receive your warranty claim, you will receive an email from us acknowledging the claim containing information about the date of the claim, scope of the claim and selected solution.
When we receive the returned Product and the warranty claim, we will assess your claim and inform you whether we accept your claim as soon as possible, but no later than within 10 business days after the date the returned Product and the warranty claim have been delivered to us.
We reserve the right to refuse acceptance of the warranty claim if the Product and/or the parts thereof are dirty or do not comply with the basic sanitary requirements.
If the claim is accepted as legitimate, we will send you a new defect-free Product with the same specifications within 30 calendar days after we receive your warranty claim and the returned Product (unless we agree on a longer period).
For more information regarding the warranty claim process please contact our customer care service by email on .
Please note that our warranty claim policy does not affect your statutory rights.
6. Returns and withdrawal
The products bought from our website woocommerce-895229-3106207.cloudwaysapps.com are NON RETURNABLE and CANNOT BE CANCELLED if more than 24 hours have passed since the order was placed due to the custom and made to order processes involved.
We do not accept returns or exchanges of any custom made car mats due to incorrectly ordered items, dislike of style,fit or colour,cancellation of event or any other reason.
If you are unsatisfied with your purchase and do not wish to opt for a replacement , our Customer Service Department will assist you within 3-5 business days with the proper return approval & shipping instructions. If returned Items will be subject to a factory restocking charge of 35 % to cover materials , workmanship and shipping for your custom order.
When a return is approved the Product shall be sent back unworn, unused and in perfect condition, with all our labels, tags still attached, in the original packaging and in the condition and value in which you received the Product from us.
Products that are used, damaged, soiled or returned without their original labels and tags, if applicable, may not be accepted for return and may be sent back to you at your expense unless agreed otherwise with you.
We will inform you by e-mail whether we accept or refuse your return promptly after we receive the returned Product.
You are responsible for any and all costs associated with the return of the Product, and for any damage that occurs while the Product that you are returning is in transit.
We will refund the amount you paid for the returned Product minus the 35% restocking fee ,however, please note that we cannot give you a refund before the returned Product is delivered back to us. The amount will be credited to the account you originally used to purchase the Product, without costs associated with the return of the Product. You are responsible for any and all costs associated with the return.
We reserve the right to cancel an order that we have accepted in case exceptional circumstances occur that will not allow us to deliver the Product to you in the agreed period and/or with the required characteristics and/or quality. In this case we will notify you by email and promptly refund the full amount of the paid Purchase Price .
For the avoidance of any doubt, please note that you may not claim any damages or costs, and we will have no liability therefore, (direct or indirect) that occur as a result of such cancellation.
7. Limited Licence
Subject to your compliance with these Terms, we grant you a limited, revocable, and non-exclusive licence to access, download, display, view, use, and/or print content displayed on the Website for your personal, non-commercial use only. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any part thereof without our prior written consent, which may be withheld in our sole discretion.
The limited licence set forth in this section of the Terms does not include the right to:
- modify the Website or its contents (except caching or as necessary to view content),
- create any derivative work based upon either the Website or its content,
- use any meta tags or any other ‘hidden text’ utilising our name or the trade marks, logos or service marks displayed on the Website without our express written consent,
- use data mining, robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Website for personal, non-commercial use only. A website that links to our Website may:
- link to, but not replicate, the content of the Website,
- not imply that we are endorsing such a website or its services or products in any way or anyhow misrepresent its relationship with us,
- not contain content that could be construed as defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience,
- not portray us or our Products in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions,
- not use any trade marks, logos or service marks displayed on the Website without our prior written consent.
Any unauthorised use of the Website by you terminates the limited licence set forth in this section without prejudice to any other remedy that may be available to us according to the applicable laws.
8. Intellectual Property Rights
All content available on the Website, including, but not limited to, any texts, graphics, logos, photographs or other images, button icons, audio clips, slogans, trade names or other contents on the Website is our exclusive property or the property of our suppliers, partners or licensors and is protected by the respective intellectual property laws. You may not use, reproduce, transmit, display, copy, modify, publish, sell, license, distribute or commercially exploit the Content without our express prior written consent.
9. Third Party Links
Please note that we are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Any links on the Website are for your convenience only and do not imply any endorsement of the referenced services, products or content. We shall not be held responsible or liable for the services, products or content of such pages and websites.
To the fullest extent permitted by the applicable laws, we shall not be liable for any direct, indirect, incidental or consequential damages resulting from a defective Product or any breach of an express or implied warranty or obligation (even if we have been advised of the possibility of such damages) exceeding the amount of the purchase price of the Product ordered by you. As a result, our liability and your exclusive remedy for damages from any cause in connection with the order of the Product from our Website shall be limited to the purchase price you paid for the Product, as that is the maximum potential damage that we as well as you foresee at the moment of the purchase as you were advised to purchase the Product sufficiently in advance. Therefore, for the avoidance of any doubt, we shall not be held responsible for any costs connected to any car sale, motor accidents or any other occasion for which the ordered Product is intended. You also waive all your rights in connection with any such costs and claims against us arising in connection with potential car sale, motor accidents or other occasions, should any exist by operation of law to the fullest extent permissible by the applicable law.
All disputes arising out of or in connection with these Terms, with any use of the Website or with the ordering or purchase of any Product (including, without limitation, any disputes as to the validity, scope and termination thereof), shall be resolved either by the High Court of UK or, if prescribed by the mandatory provisions of the applicable jurisdiction which would prevail over this choice of the jurisdiction, by another relevant court prescribed by such.
12. Contact us
Should you need any help with your order or have any questions regarding your order, or in case you would like to provide us with your feedback on our service or have a general enquiry, please email us at [email protected] .
13. Final Provisions
These Terms are in the English language.
If the Terms are required to be translated into another language for you, the English version prevails in case of discrepancies between the two language versions.
These Terms, the purchase agreement concerning the Product, the ordering or purchase of any Products and any use of the Website shall be governed and controlled as to validity, enforcement, interpretation, construction, effect and in all other respects by the laws of the United Kingdom, without giving effect to any conflict of law principles that may provide the application of the law of another jurisdiction. To the fullest extent permitted, the United Nations Convention on Contracts for the International Sale of Goods or other provisions of the International Private Law, EU law and EU Regulations or Directives shall not apply.
Consumers in some jurisdictions may have legal rights under the applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44/EC. Please note that no provision in these Terms shall affect these statutory rights you may have.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by us shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
We may change or amend these Terms at any time and at our sole discretion.
Any changes to or amendments of these Terms are effective immediately upon posting to the Website.
By using the Website after any such changes or amendments you agree to comply with and be bound by the Terms as changed. Any purchases made before any such change of the Terms would be governed by the version of the Terms effective at the time of the purchase to avoid retro activity.
These Terms come into force and effect on 24/09//2020