Terms & Conditions
Terms and Conditions
Information about TH Performance Ltd
- Who We Are
- Our VAT Registration
- Contacting Us
- Cancellation of Work for Drive–In Customers
- Removed Parts
- Rolling Road Disclaimer
- DPF Delete service
- Point of Legal Contract Creation
- Use of Website Content
- Links to Third Party Websites
- Liability Disclaimer
- Governing Law and Jurisdiction
- Relationship of Parties and Third Party Rights
- Entire Agreement
- Estimates and Additional Work
- Disclaimer: Selection of the parts for your Vehicle
- Cancellation/movement of online bookings and purchases
- General Guarantee Conditions
- Air Conditioning
- Service Components and Other Mechanical Parts
- How to Claim Under Your Guarantee
- Data Protection - General
- Your Data Protection Rights
- Early Bird remapping
Information about TH Performance Ltd
1. Who We Are
You are contracting with TH Performance Limited (known as TH Performance), a company registered in England with Company Registration Number 08215213. The Registered Office is Unit 10g Solent Trade Park, Solent Road, Havant, Hampshire, PO9 1JH. References to “TH Performance”, “we”, “our” and “us” throughout the Terms and Conditions refer to this Company.
2. Our VAT Registration
Our UK VAT Registration Number is GB 172849476
3. Contacting Us
- Email at: email@example.com
- Telephone on: 02392 473443
- Write to us at: Unit 10g Solent Trade Park, Solent Road, Havant, Hampshire, PO9 1JH
In the event that you are not satisfied with the goods or service you have received from us, or if you wish to contact the Company regarding any other matter, please contact us using the contact details provided in the “Contacting Us” section of these Terms and Conditions.
General Terms and Conditions of Sale
Specific times may be booked for work. If you have selected a specific time, please be punctual or our ability to offer work that day may be impacted.
For Servicing, your vehicle should be with us by 9am unless otherwise agreed.
TH Performance will not be liable for any economic losses arising in any manner whatsoever out of any delays to, or complications with, the fulfilment of any order of works carried out, provided that nothing in these terms limits or excludes TH Performance’s liability for death or personal injury caused by its proven negligence.
For ALL Saturday booking we require a £100 non refundable deposit. If you fail to turn up we can reschedule the appointment then deduct this from your invoice however if you decide not to reschedule then you forfeit the £100 as this covers our expenses and fees.
6. Cancellation of Work for Drive–In Customers
You have the right to cancel at any time before the instructed work has commenced.
There will be no charge provided no costs have been incurred except on Saturdays as per 5 above.
Where costs have been incurred you will only pay for the work completed or the cost incurred. Payment for costs incurred will be required prior to the removal of the vehicle. Deposits will be refunded only if no costs have been incurred. Special order items are non-refundable.
Face to face payment
For drive-in customers or for additional work undertaken for online customers, payment in full is required on completion of the work and prior to the removal of the vehicle. No payment no return of vehicle, it’s as simple as that, no exceptions.
8. Removed Parts
With the exception of Warranty and Service Exchange Parts, removed parts will be disposed by TH Performance. Disposal will be in accordance with current environmental regulations and legislative requirements. A fee may be charged for this service if items are subject to any disposal costs,
9. Rolling Road Disclaimer
You the customer confirm that your vehicle has been maintained in accordance with the manufacturers recommendations and that it is in FULL and TOTAL road worthy condition.
You the customer allow the vehicle to be run on the Rolling Road at your own personal risk thus absolving TH Performance of any responsibility should any failure occur. TH Performance accepts no responsibility for any damage or injury incurred whilst customers are observing the Rolling Road in operation if you fail to adhere to the safety signs on the entrance to the unit.
FOR YOUR SAFETY:
A designated area has been marked out and ALL customers must remain behind the barrier at all times or alternatively in our reception area. Please note that you are entering a fully working environment. Please respect this in every way.
Health & Safety notices are displayed for your information, please read them.
10. DPF delete service - no longer available as of 02/08/2017
Subject to your statutory rights (which shall not be affected by this provision), once fitted to your vehicle a part cannot be exchanged.
Subject to your statutory rights (which shall not be affected by this provision), it is not possible to offer refunds after purchase for any parts that have been used on your car. If you believe that a part we have fitted is faulty, we will offer you the option of purchasing a replacement while the original part is sent to the manufacturer for analysis. If the manufacturer confirms that the product is faulty the cost of your replacement purchase will be refunded, if it is not and the fault is nothing to do with our workmanship or the fault is attributable to the customer then we will not refund you.
Remap refunds - you have 30 days from date of remap to claim a full refund providing you have not covered more than 1000 miles in those 30 days. We will require that you return to us with your vehicle where we will remove our software and replace it with the stock software or the original software you came in with providing this facility is available, some tuning companies lock their software and as such if we cannot replace it because of this then we reserve the right to not offer a refund. If you return to us after 30 days and before 90 days have expired we will refund you 50% off the cost of the remap. We do not offer refunds over 90 days from date of original remap with us.
TH Performance reserves the right to add, remove or amend the terms and conditions contained in this site without prior notice.
14. Point of Legal Contract Creation
When you place an order via the website to purchase services from, or to have goods fitted by, TH Performance, this constitutes an “offer”.
TH Performance will send you an e-mail confirming receipt of your order and containing the details of it (the “Order Confirmation”). This constitutes the “acceptance”, irrespective of whether any payment that has been taken previously by TH Performance.
In the event that TH Performance does not accept your offer and/or does not issue an Order Confirmation to you, TH Performance shall make a full refund of any payments made by you as part of the ordering process.
These terms are the only terms upon which TH Performance will contract with you for the purchase of its services through its website, They shall govern the contract to the entire exclusion of all other terms or conditions.
TH Performance retains the right to refuse to accept your order solely at its discretion. If there is concern that there is an attempt to place an order dishonestly, fraudulently, by impersonating someone else or by attempting to use payment details which have been stolen, we will make additional checks and if appropriate involve external authorities.
15. Use of Website Content
The contents of this website (including without limitation all website design, text graphics, the selection and arrangement thereof and all software compilations, source code, software and other material) are the copyright of TH Performance or its technology providers/ contributors. You may view this website and print or download any part(s) of it for personal, non-commercial purposes only. You must not modify, copy, publish, transmit, display, perform, distribute, reproduce, license, create derivative works from, transfer or sell any information or other content, goods or services obtained from this website without TH Performance’s prior written consent.
16. Links to Third Party Websites
This website may contain links to websites operated by third parties other than TH Performance. Such links are provided for your reference only. TH Performance does not control such websites, and is not responsible for the contents of these websites. TH Performance’s inclusion of links to any such websites does not imply any endorsement of the material on such websites. Any use of that site by you or any arrangements entered into by you with the owners of those websites is at your own risk.
17. Liability Disclaimer
All content provided on this website is for information purposes only and does not in any manner create a legal contract express or implied between TH Performance and you except only when agreed by TH Performance in relation to an order of goods and/ or services made by you through this website which is accepted by TH Performance.
Without limiting the foregoing, the information, software, goods, and services published on this website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. TH Performance and/or its respective suppliers may make improvements and/or changes in this website at any time. TH Performance and/or its respective suppliers make no representations about the suitability of the information, software, goods and services contained on this website for any purpose. All information, software, goods, services and materials including text, graphics and are provided "as is" without warranty of any kind. To the extent permitted by law, TH Performance and/or its respective suppliers hereby disclaim all warranties and conditions with regard to such information, software, goods and services, including all implied warranties and conditions of fitness for a particular purpose, title and non-infringement. TH Performance does not warrant that the information available via this site is accurate, complete or current.
In no event shall TH Performance and/or its suppliers be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any direct, indirect, punitive, incidental, special exemplary or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, for any information, obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise provided that none of the foregoing and/ or nothing in these terms limits or excludes TH Performance’s liability for death or personal injury caused by its proven negligence.
You warrant to TH Performance that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. It is always recommended for you to run anti-virus program on all material downloaded from the internet.
All trademarks, service marks, and trade names that appear on this website are proprietary to TH Performance Limited, its Group companies, or other respective owners. Trademarks should not be copied without the prior written permission of TH Performance.
19. Governing Law and Jurisdiction
These terms are governed by and shall by interpreted in accordance with the laws of England and Wales. You hereby consent to the exclusive jurisdiction and venue of courts in England and Wales in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions.
20. Relationship of Parties and Third Party Rights
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TH Performance as a result of the use of this website. Only you and TH Performance shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of the terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If any part of these terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms shall continue in effect.
22. Entire Agreement
These terms are the only terms upon which TH Performance is prepared to deal with a purchaser through this website and they shall govern the contract arising from any order made through this website that is accepted by TH Performance to the entire exclusion of all other terms or conditions.
These terms constitute the entire agreement between the user and TH Performance with respect to the use of this website and they supersede all prior communications and proposals.
Offers are for retail customers only.
All pricing on this website is in pounds sterling and is inclusive of UK Value Added Tax. Unless explicitly stated, the cost of fitting any parts purchased is included in the price. The price of the goods and/ or services shall be the price specified by TH Performance in the Order Confirmation issued to you.
Our website contains a large number of goods and services and it is always possible that, despite our best efforts, some of the goods and/ or services listed on this website are incorrectly priced. We verify the prices included in your order to us as part of our processing procedures so that, where goods and/ or services are incorrectly priced we may, at our discretion, either contact you for your instructions in relation to your order or reject your order and notify you of such rejection.
TH Performance reserves the right, before the relevant contract is formed in accordance with these terms and conditions, to change the price of the goods.
24. Estimates and Additional Work
All estimates are valid for 14 days from the date of issue, unless they include a specific promotional offer which has an earlier expiry date. The expiry date of promotional offers will be clearly marked.
Once work has started you will be informed immediately of any additional work identified. A new printed estimate will be produced on request and work will only be carried out with your agreement.
Transactions may only to be made through this website by residents of, and/or individuals, located in the United Kingdom.
All services ordered or booked on this website are either carried out at one of our centres in the UK or by one of our mobile fitting vehicles at the location agreed by TH Performance in our Order Confirmation. Mobile fittings may not be available in some locations.
26. Disclaimer: Selection of the Correct parts for your Vehicle
The fitting of parts to your vehicle will be subject to a visual inspection of your vehicle and parts prior to the work starting to confirm that you have selected the correct parts for your vehicle.
TH Performance undertakes reasonable steps to ensure the accuracy of the information on this website but due to the range and complexity of parts fitted to vehicles during manufacture and in the aftermarket, we cannot guarantee the accuracy of this information and the results of the said applications on this website. TH Performance accepts no responsibility for, and excludes all liability for, any losses suffered as a result of any applications on this website that are used by you to select the parts for your vehicle (using either the vehicle registration plate or the vehicle type) or by failing to provide the correct information for your vehicle.
TH Performance also accepts no responsibility for and excludes all liability for any losses suffered as a result of any of our customers selecting and/ or ordering from us the incorrect parts specification provided that nothing in these terms limits or excludes TH Performance’s liability for death or personal injury caused by its proven negligence.
Customers ordering parts online for fitment at a TH Performance should verify the parts with us. In the event that the incorrect parts are ordered on this website by a customer, TH Performance will use its normal business processes to source the correct parts and reschedule the fitting appointment.
27. Cancellation / Movement of Online Bookings and Purchases
Appointments can be rescheduled to an alternative date (subject to availability).
You have the right to cancel any online purchase or booking of services without charge by giving written notice prior to the day of service, unless TH Performance has, with your consent, commenced the performance of the services and incurred cost.
When you have paid in advance for any parts or services from TH Performance and you do not attend the scheduled appointment without making an appropriate cancellation or alternative arrangement with TH Performance, TH Performance shall be entitled to retain one hundred percent (100%) of the relevant advance payment if it is for special order or non-refundable items.
28. General Guarantee Conditions
The guarantees apply from the date of original purchase.
Guarantees are not transferable and only apply to the person who made the original purchase.
Please ensure you retain your invoice, as proof of purchase is necessary before work can be carried out under the guarantees.
All parts originally purchased at TH Performance are covered by these guarantees, however, parts failing as a result of criminal or malicious damage, fire, theft or where the parts have been used for motorsport, hire vehicles or taxis are excluded.
If work is required to be carried out other than by TH Performance, approval must be obtained in advance from TH Performance Customer Service. The guarantee may be invalidated when parts are repaired by a garage or individual other than by TH Performance. TH Performance is not responsible for any part removed from the vehicle or adjusted by any person other than TH Performance.
These guarantees do not cover any defect caused by reasonable wear, tear or corrosion, or any costs incurred through loss of use. Manufacturer’s conditions of sale apply to all goods sold.
These guarantees do not extend to any monetary or compensatory claim, in particular consequential or additional losses.
All TH Performance guarantees are in addition to your statutory rights.
29. Air Conditioning
We offer a ‘Recharge or No Charge’ air-conditioning service. You only pay if the coolest vent temperature from your car has improved by more than 10% when measured in degrees Celcius. Note: if the ambient temperature around the car is less than 9C it may affect the air-conditioning recharge test results. In these circumstances it is at TH Performance’s discretion whether to offer a refund.
Air-conditioning repairs are guaranteed for 12 months or 12,000 miles, whichever comes first.
30. Service Components and Other Mechanical Parts
Service components and any other mechanical parts, including starters and alternators, are guaranteed for 12 months or 12,000 miles, whichever occurs first. For genuine VW parts supplied by us this is 24 months.
31. How to Claim Under Your Guarantee
Take your vehicle or part to TH Performance centre together with your guarantee, your original receipt and any other paperwork provided to you. Please be sure to keep your original paperwork safe as a failure to produce this could impact on your ability to claim.
32. Data Protection - General
TH Performance is conscious that you trust us with your private information which is necessary to process your order. Other than where stated within these Terms and Conditions and with our chosen payment card service provider, you have our assurance that your information will not be shared with other organisations outside the TH Performance Group, unless those organisations are working on behalf of TH Performance or we are compelled to do so by law.
33. Your Data Protection Rights
Individuals may obtain details of their own data which is held and/ or processed by TH Performance. For details of how to obtain such details, for which a charge will be made, please contact Customer Service.
TH Performance takes your privacy seriously and understands that privacy concerns are extremely important to our customers. We would like to assure you that we are committed to protecting your personal privacy and for that reason TH Performance will always process your personal information in accordance with the law.
36. Early Bird remapping
If you cancel, fail to show up , arrive too late or if you arrive and your vehicle fails our initial testing or cannot be completed for any reason beyond our control and you ask for a refund we will refund you less £60 plus vat (£72) to cover our time and admin fees etc.
Version 5, last updated 10th January 2018