Terms and Conditions

These terms and conditions apply to all consumer customers who buy goods from us, GrayPorter Payment Collections Inc. (dba Grayporter.com, herein known as ‘Grayporter’). They do not apply if you buy goods from us in the course of your or another person’s business. By proceeding with a purchase subject to these terms and conditions, you warrant and represent that you are buying goods from us for your own private, personal use.

Please read the following important terms and conditions before you buy anything on our site. These terms and conditions set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. By placing an order you agree to be bound by these terms and conditions. You should print and keep a copy of these terms and conditions for your records.

In these terms and conditions:

• Website means our website www.grayporter.com
• We, us or our means Grayporter; and
• You or your means the person using our site to buy goods from us.

If you don't understand any of these terms and want to talk to us about them, please contact us by:

• E-Mail: [email protected]
• Telephone: +1-800-774-3967

We may record calls for quality and training purposes. Please note that depending on where you make a call from, you may be charged at an international call rate, as determined by your network provider.

Who are we?

Our registered office is at: 140 West 3rd Avenue, Econdido, California 92025, USA

1 Introduction

1.1 The terms and conditions apply when you place orders for goods on the Website, by email or over the phone with us. We may amend them from time to time and it is your responsibility to read these terms and conditions each time you place an order with us.

1.2 When you place an order with us, we may gather information about you and (where applicable) your visit to the Website. Information about this can be found in our cookie policy and privacy policy. Those documents together with these terms and conditions form the contract between us (contract).

1.3 The information on the Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and we cannot be held responsible for non-compliance with any local advertising or other laws in relation to the Website or its content.

2 Ordering goods from us on the website

2.1 The following explains the process you will go through to place an order on the website and how the contract for the sale of goods will be formed.

Step 1 – Choosing your goods

You can select goods for purchase by clicking on the items you are interested in and then clicking on “Add to Cart”.

Step 2 – Shopping Cart

You can review the products added to your Cart and change the contents. Please check all details very carefully and correct any mistakes or change the goods which you want to order, prior to proceeding to Step 3.

Step 3 – Your Order Details

You will then be asked to enter your contact details and billing and delivery addresses on this page. Once you have inserted the relevant details, you can continue with your purchase by clicking on “Continue with Checkout”.

Step 4 – Confirmation

At this stage, you will be asked whether you agree to these terms and conditions. You will also be asked to choose a payment method and then will be taken to the appropriate page depending on how you wish to pay. Once you have finished shopping, you can proceed by clicking on “Pay Now”.

Step 5 – Payment

You will then be asked to enter your payment details. Please enter all payment details correctly and check the information carefully before placing your order. Once you click on “Make Payment”, your order will be placed, and payment will be taken.

Step 6 – Checkout Confirmation

Once we have confirmation that payment is authorised, a screen will appear, thanking you for your order. We will send to you an order acknowledgement email detailing the goods you have ordered. Print a copy of the order acknowledgement email and keep it for your records. This acknowledgement does not, however, mean that your order has been accepted.

2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

2.2.1 the goods are unavailable;

2.2.2 we cannot authorise your payment;

2.2.3 you have ordered a very large quantity of goods, or placed an order of a large value; and/or

2.2.4 there has been a mistake on the pricing or description of the goods.

2.3 Your order is not accepted unless and until we issue you with an order acknowledgement or we otherwise email you to confirm acceptance of your order. At this point a legally binding contract will be in place between you and us.

3 Ordering goods from us by email or over the telephone

3.1 You can place orders with us by email or over the telephone. We will acknowledge your order when you place it, however, this does not mean that your order has been accepted. Your order has only been accepted by us, and we are only committed to supplying the goods to you, when we have:

3.1.1 received an order by email or verbally over the phone; and

3.1.2 send to you our order acknowledgement email, which will specify the type and quantity of goods ordered (unless we otherwise agree in writing).

3.2 Payment in full for the goods and all applicable delivery charges is due within 5 working days of receipt of our request for payment. Payment can be made by credit/debit card over the telephone. Please note that goods will not be dispatched until payment has been received in full.

4 Right to cancel this contract

4.1 Please refer to our returns policy for more information.

5 Delivery

5.1 We only accept orders through our Website where the delivery address is within one of the countries listed on our website. If you wish for your goods to be delivered to an address outside of these countries, please call us on +1-800-774-3967 so that we can discuss with you whether we can deliver your goods to your requested location, our estimated timescales for delivery, and our delivery charges for doing so.

5.2 We use a third-party delivery provider to deliver our goods.

5.3 We estimate that our goods will be delivered to you within the period specified in our order acknowledgement email.

5.4 If something happens which is outside of our control and delays delivery of your goods, we will let you have a revised estimated date for delivery of the goods, as soon as reasonably practicable.

5.5 Delivery of the goods will have deemed to have taken place when we deliver them to the address that you gave to us.

5.6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of you placing your order, we will let you know, cancel your order and give you a refund.

5.7 If nobody is available to take delivery of the goods, please contact the delivery provider using the contact details they provide.

5.8 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

6 Payment

6.1 We accept all major credit cards and debit cards, including American Express. We do not accept cash.

6.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

6.3 Your credit/debit card will be charged prior to the goods being dispatched. .

6.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. You may also be required to complete extra security steps, such as:

6.4.1 Verified by Visa: www.visaeurope.com/making-payments/verified-by-visa

6.4.2 Mastercard®SecureCodeTM: www.mastercard.co.uk/securecode

6.4.3 SafeKey: www.americanexpress.com/uk/benefits/service-security/safety-fraud/how-amex-protects-you/safekey/

6.5 If your payment is not received by us and you have already received the goods, you must:

6.5.1 pay for such goods within 30 days; or

6.5.2 return them to us as soon as possible. If this is the case, you must keep the goods in your possession, take reasonable care of them, and not use them before you return them to us.

6.6 If you do not return any goods when you should have done (e.g. you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

6.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.

6.8 The price of the goods:

6.8.1 is in US Dollars ($) (USD) unless otherwise stated;

6.8.2 includes VAT at the applicable rate;

6.8.3 does not include the cost of delivering the goods to any address outside those listed on our website (please call us on +1-800-774-3967 if you want your goods delivered outside of these countries); and

6.8.4 does not include any applicable import, export or other duties (unless specifically stated). You will need to pay these in addition.

7 Your selection of goods

7.1 It is your responsibility to ensure that the goods which you have chosen to order on our Website are of the correct specification (e.g. size, model) so that they are able to used as per the manufacturers intended usage.

7.2 It is your responsibility to ensure that the goods which you have chosen to order on our Website will be used so as not to invalidated the manufacturer’s warranty.

8 Faulty, incorrect, missing or damaged goods

8.1 Please refer to our returns policy for more information.

9 LIMITS ON OUR RESPONSIBILITY TO YOU – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

9.1 Nothing in this contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence, or any liability for fraudulent misrepresentation or fraud, or liability which we are responsible for in relation to consumer protection rights, or for any other matters which it would be illegal for us to exclude. Your statutory rights are not affected.

9.2 To the extent that we are liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to the goods or this contract or otherwise, our total liability to you will be limited to the price of the goods paid by you for those goods which are the subject of the liability, and any reasonable losses which are foreseeable as a direct consequence of us breaking our contract with you.

9.3 Unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise:

9.3.1 loss of money, profit, income or revenue;

9.3.2 loss of savings;

9.3.3 wasted expenses;

9.3.4 loss of use of money;

9.3.5 wasted time costs;

9.3.6 lost opportunity;

9.3.7 compensation for disappointment or inconvenience.

9.4 It is very important that you satisfy yourself that the goods are of the correct specification for your vehicle, comply with the terms of any relevant agreement concerning your vehicle (such as vehicle lease, hire purchase agreement or manufacturer’s warranty), and are fitted to your vehicle correctly. We will not in any circumstances be liable to you for any goods of the incorrect specification being fitted to your vehicle, any breach by you or invalidation of any provision of any agreement concerning your vehicle, or for incorrect or improper use of the goods, including them being fitted to your vehicle incorrectly.

10 Disputes

10.1 We will try to resolve any disputes with you quickly and efficiently.

10.2 If you are unhappy with the goods, our service to you or any other matter, please contact us as soon as possible at [email protected].

10.3 If after exhausting our internal complaints process your complaint has not been resolved, you may refer the dispute to an Alternative Dispute Resolution (ADR) provider. While we are not a member of any ADR scheme, an example of an ADR provider which you could choose is The Retail Ombudsman. You can find more information about this provider at www.theretailombudsman.org.uk

11 General

11.1 We will not be in any way responsible to you for a failure to sell goods which you wish to buy or otherwise for a failure to comply with our obligations or any costs or liabilities you incur as a result of any circumstances beyond our reasonable control, including but not limited to if we are affected by matters beyond our reasonable control, by way of example only flood, fire, trade dispute, lack of third party materials or services.

11.2 The contract between us is binding and our obligations are owed to you, our named customer only. We may transfer or assign our rights and obligations under the contract or appoint third parties to assist us at any time provided that this will not reduce our obligations to you.

11.3 If any clause of this contract is found in any way to be void by a Court or other competent authority then all other clauses of the contract will continue to apply.

11.4 If either of us does not at any time act on any rights we have, it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.

11.5 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11.6 This contract is subject to English law and we each agree that any dispute arising under or connected to it will be decided by the English courts. If you are a consumer in an overseas jurisdiction, including Scotland or Northern Ireland, this will not affect your rights to bring a claim in your local courts or otherwise affect any statutory or other local law protections which you have.

11.7 No changes to the contract will bind us unless we agree to them in writing. Where you have already placed an order which we have accepted, the contract will remain subject to the version of our terms and conditions which were in place at the time at which you placed the order.

11.8 Nothing in these terms and conditions seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these terms and conditions will not change any rights which the law grants to you which that law does not allow us to change or limit.

11.9 A person who is not party to this contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only we and you have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.

11.10 The contract is the entire agreement and understanding between us and all other statements and terms whether written or verbal are excluded to the fullest extent that the law permits.

11.11 We are committed to trying to achieve your complete satisfaction as our customer. If you have any complaints, please contact or write to us at [email protected] or the address above.

11.12 These terms and conditions are not intended to set out the full extent of your rights either in relation to your cooling off rights or other consumer rights. Your local Citizens Advice office or similar will be able to provide you with more information about your legal rights.