Terms & Conditions

STAUNCH Terms & Conditions

STAUNCH is a brand name of Coolair Bus & Rail Limited (company number 06582592), our registered office is Coolair Bus & Rail Limited, Tritton Road, Lincoln, England, LN6 7QY with VAT Number GB984050316.
Any reference to STAUNCH shall be in the form of “we”, “us” or “our” and any reference to a person placing an order with us by phone, email or on the website shall be in the form of ‘you’ or ‘your’.
The following applies under these terms:
“Goods” – The products that we (STAUNCH) are selling to you as set in the Order.
“Order” – Your order for the Goods which has been received as set out in the order acknowledgement.
“Services” – The services that we (STAUNCH) are providing to you as set out in the Order Confirmation.
“Order Confirmation” – An order for STAUNCH goods which has been confirmed and therefore a contract between two parties has been formed.
“Order Reference” – A unique ID which relates to the transaction between you and us.
“Consumer” – Means you are purchasing goods from us as a private individual for your own use in Great Britain (excluding all commercial use, whether trading as a business or working on behalf of a business). Consumer rights are applicable to Consumers in Great Britain only.
“Trader” – Means you are purchasing goods from us as a commercial entity and/or trading as a business. This applies if you are acting individually or through another person acting in the trader’s name, or on the trader’s behalf.

Note:
– You must agree to these terms before placing your order, please read them carefully before committing as they contain important information about your rights and obligations.
– To place an order with us, you must be at least 18 years old and a resident of a territory which we can supply to. This applied to both direct orders with our sales team and through the website.

The following Terms and Conditions are applicable to all products (the “Goods”) available for purchase on the STAUNCH website (https://staunchauto.com).

1. Ordering
1.1 You are responsible for the selections and details of your order, ensuring that all information given is accurate. This enables us to perform our obligations in accordance with the terms as set out below. Please check carefully and correct any errors before submitting to us.
1.2 Orders are not deemed as accepted until it has been confirmed by us via email or in writing, note that order acknowledgment is a notification of receipt and it does not mean that your order has been accepted by us. Your order is an offer to buy Goods from us in accordance with these terms.
1.3 Acceptance of the order takes place when we send you an Order Confirmation, at which point a legally binding contract is formed between you and us in accordance with these terms. We shall assign a unique order reference and inform you of this as part of our Order Confirmation process, please quote this reference with any correspondence should you wish to discuss the order after this point.
1.4 If we do not accept the order, including but not limited to the following examples: failed payment, unavailable products, restricted shipping territory, pricing error, descriptive errors. We shall notify you via email using the details which have been provided at the time of the order, note that we reserve the right to reject an order for any reason.
1.5 Payment must have been made and cleared before our warehouse will begin to process the order and despatch the goods to the specified delivery address.
1.6 Any information, advice or recommendations (such as fitment and vehicle compatibility) given to you by the contents of our website, our employees or re-distributors is followed and acted upon entirely at your own risk. Accordingly, we shall not be liable for such and the actions which may follow.
1.7 If we are producing any bespoke or personalised Goods, this will be quoted on a case-by-case basis via email and dealt with outside of the web platform. That said, you are responsible for all information provided. For full details of this, please see Clause “X” – Bespoke Goods.

2. Making Changes to an Order
2.1 If you would like to make a change to your order, please contact us at the earliest opportunity and we shall advise if it is possible to action this in accordance with your request.
2.2 Note that changes to an order may affect the quotation, including but not limited to lead time, unit pricing and delivery time/cost.

3. Availability
3.1 All orders are subject to product availability.
3.2 We cannot guarantee availability of our Goods or Services at any given time. We also cannot guarantee that Goods or Services will be error free, secure and without interruption. In such circumstances we shall endeavour to notify and update you as quickly as practically possible. For example, from time to time we may carry our routine website updates and maintenance.
3.3 With instances beyond our reasonable control (such as a change in law) we may have a responsibility to stop the supply of Goods or Services. If this were to happen and affect your order, we shall notify you on the email address provided at the time of ordering and cancel your order. At this time, we shall:
3.3.1 In respect of any affected Goods or Services, provide you with a full refund including any transportation costs if applicable.

4. Descriptions
4.1 Descriptions of our Goods and Services are included on our website, please read the descriptions carefully to ensure you understand before purchasing.
4.2 Any images, drawings, models used as part of our promotional materials, product images, configurators and any authorised third-party media (both physical and digital) are produced to provide you with illustrative information only and they cannot be relied on for the Goods which you receive. Your Goods and the packaging may differ slightly to those which are displayed by us.
4.3 Colours can vary significantly depending on the device and settings which you are using to view the Goods, therefore we cannot guarantee the appearance of your Goods will match the website exactly.
4.4 You confirm that you are satisfied with the Goods for the requirements which you have set out and you have not relied on our skills or knowledge to gauge the suitability of the Goods for any particular purpose or use.
4.5 Prior to fitment and use, you shall examine the Goods which have been purchased, and you are reminded that the Goods are “to be of satisfactory quality” as per legislation. This legislation does not operate in relation to such defects which have been communicated by us to you, therefore the condition of satisfactory quality does not operate in relation to those defects.

5. Consumer Rights
5.1 If you buy goods from us as Consumer, you are eligible for further rights as a Consumer. We have a legal obligation to supply goods to Consumers that conform with the contract, before committing to an order you should seek legal advice regarding its contents. Advice regarding your legal rights under these Terms and Conditions is available at your local legal advice office (such as Citizens Advice Bureau or Trading Standards office).
5.2 If Goods are defective, the processes defined under our Delivery & Returns clauses do not apply, we shall deal with the issue according to your rights as a Consumer. If you feel there is an issue with the Goods purchased from STAUNCH, please contact [email protected] at the earliest opportunity.

6. Delivery of Goods
6.1 Goods will be delivered to the delivery address specified by you, when your order is placed on the website and as per the Order Confirmation.
6.2 If delivery cannot be executed due to lack of availability at the specified address or if the specified address results in an unsuccessful delivery, the courier shall act on any further delivery instructions which you have provided in line with their company policy. If a courier returns the Goods to our warehouse due to the above, we shall notify you via email, cancel your order and refund you the price of the Goods less the cost of the delivery charge we have incurred throughout the process.
6.2.1 For the avoidance of doubt, this applies only to goods which are sold to Consumers. Traders are excluded from such terms.
6.3 Once your order has been delivered in accordance with the delivery instructions within the Order Confirmation, at this point the Goods risk is transferred to you. This means that you are entirely responsible for the Goods and we are not liable to you if the Goods are stolen, damaged or lost after they have been delivered to you. The does not affect your legal rights if the Goods are faulty or misdescribed. Ownership of the Goods is passed to you at the point of payment in full

7. Delivery Dates and Costs
7.1 Any dates which are stated during the ordering process, in the order acknowledgment or Order Confirmation correspondence are estimates unless we have agreed a specific delivery date with you in writing.
7.2 We will do all that is practically possible to deliver your Order within the specified lead time (delivery period) or on the delivery date which has been agreed with you. If your delivery is delayed, we shall notify you via email as soon as reasonably practicable. However, we are not liable for any losses which you may incur due to a delayed delivery because of circumstances beyond our reasonable control.
7.2.1 Circumstances beyond our reasonable control, include but are not limited to the following:
– Manufacturing delays
– Component stock delays
– Severe weather
– Accidents and sickness
– Transportation and logistics delays
– Other Force Majeure Event examples which are listed in Clause 15.

7.3 At the time of ordering, you will be notified of the delivery options and costs based on your product selection. The type of courier service used shall be based on your location. If we are unable to deliver Goods to your geographic location, you will be contacted via the same email address which has been used to place the order.

8. Warranties for our Good and Services
8.1 If you are a Trader, the Consumer related warranties set out below are not applicable.
8.2 Consumer Warranty in respect of the Goods supplied, we shall:
– Conform with materials in line with their descriptions subject to any representation contained within our promotional materials such as brochures, advertisements and any other documentation.
– Be of satisfactory quality.
– Be fit for purpose, we state that our Goods are fit for any reasonable purpose for which you use them.
– Be free from defects relating to design, material and workmanship.
– Comply with all applicable statutory and regulatory requirements for selling such goods in Great Britain.
8.3 This warranty is in addition to your legal rights, in relation to our Goods which are faulty or otherwise do not conform with these terms.
8.4 Our warranty does not cover defects in our Goods which are the result of fair wear and tear, wilful damage, negligence, accident or abuse by you or any third party.
8.5 Negligent installation which has been carried out by you, or any third party is not covered under our warranty. Failure to follow our guidelines and instructions or the use of Goods in a way that we do not recommend will not be covered under our warranty. Any modifications or repairs which are carried out without prior written approval from us will not be covered under our warranty.
8.6 We shall take all reasonable and practicable steps to package the goods correctly where appropriate to ensure your Order is received in good condition.
8.7 These terms are also applicable to any repaired or replacement Goods which we supply to you, in the unlikely event that the original Goods which you received are faulty or do not otherwise confirm with these terms.
8.8 For any Services supplied (including but not limited to system installations, repairs and special vehicle operations), warranty is applicable to the Goods which have been supplied by us and installed. Any pre-existing vehicle components which are not associated with our services will not be covered, any goods which have been supplied to us for installation will not be warranted either.
8.9 Subject to the above, our standard warranty cover is 12 months from the date of receipt.

9. Pricing
9.1 Our prices for our Goods and Services are set out on our website. All prices are in pounds sterling (GBP) and are inclusive of VAT at the applicable rate if you are located within the territory of Great Britain. This figure excludes delivery charges, any other duties, taxes and levies that may be imposed from time to time.
9.2 Prices for our Goods, Services and delivery charges may change at any given time. Except as set out in Clause 9.3 below, such price changes will not affect existing Orders which have been accepted by us with Order Confirmation.
9.3 If there has been a pricing error on our Website for any of our Goods or Services and this affects your Order, we shall contact you using the details provided at the time of submitting your Order. We will then give you the option to re-confirm your Order at the correct price or to cancel your Order. In the event that we are unable to contact you, by default we shall treat the Order as cancelled and notify you via the email address provided at the time of submitting your Order.

10. Payment
10.1 Based on the type of order which is placed with us, we have several accepted payment methods:
10.1.1 For online orders through the website we use Stripe integration, accepting the following Credit or Debit cards:
– American Express
– China UnionPay (CUP)
– Discover & Diners Club
– eftpos Australia
– Japan Credit Bureau (JCB)
– Mastercard
– Visa
10.1.2 We can also accept payment for online orders using Apple Pay and Google Pay.
10.1.3 For orders made in-person, by phone or by email we accept payment via following methods:
Credit & Debit Cards
– American Express
– China UnionPay (CUP)
– Discover & Diners Club
– eftpos Australia
– Japan Credit Bureau (JCB)
– Mastercard
– Visa
Alternative Payment Methods
– Apple Pay
– Google Pay
– Bank Transfer

10.2 All payments need to be authorised by your relevant issuers and are subject to the credit limits set out by your issuer. All payments at to be made in Pound Sterling (GBP).
10.3 Any goods which you purchase from us must be paid for in full and in advance before despatch.
10.4 For orders placed through our website (online) we shall take payment before we send out the Order Confirmation email.
10.5 If we are unable to take payment online from your payment method (card), the order will not be placed and therefore you will not receive an Order Confirmation email.
10.6 For orders which are outside of the website environment, if payment is not received by us on or before the due date then we may charge interest on any outstanding balance. This will be at a rate of 4% per year above the Bank of England Base Rate (BEBR), calculated from the first late payment date.

11. Consumer Right to Cancel
11.1 You have the right to change your mind and cancel your Order as follows (if you are a Consumer), except in the event of Clause 11.2:
11.1.1 Reference your Order for Goods which has been placed online, over the phone or via email. You have 14 days from the delivery date to cancel your order.
11.2 You do not have the right to cancel an Order for bespoke specification Goods.
11.3 You also lose the right to cancel due to the following circumstances:
11.3.1 If you remove or break any protective seals or caps which are fitted to the Goods.
11.3.2 If you have damaged any of the Goods through mishandling.
11.3.3 If you have fitted any of the parts, leaving witness marks on the surfaces.
11.4 To cancel your Order, please contact us via [email protected] and quote your Order reference in the email subject line and/or text body.

12. Returns Policy
12.1 Every order placed with STAUNCH is quality checked for accuracy prior to despatch, it is then packaged to a suitable standard and transported using reputable couriers. However, in the event of an error and/or damage;
12.1.1 Review the consignment before providing a signature or acceptance against the Goods, is it your responsibility to inspect and report any damages. Such as:
– Torn, punctured or damp cardboard.
– Torn or stretched pallet wrap (no longer securing palletised Goods).
– Broken pallet(s).
– Crushed packaging, indentations and corner damage.
– Any Goods that have moved significantly during transit, i.e. askew, overhanging or protruding the extents of the packaging.
– Broken tape which is sealing the access into a box.

12.1.2 If you happen to find damage, please let the couriers staff know and note this on the delivery receipt before signing. Please include as much detail as possible on the note and review any notes created on your behalf by the courier. You must take pictures of all damage also to evidence the incident. Note if the above is not raised and recorded at the time of delivery, we are unable to build an appropriate case and the courier will not honour the claim.
12.1.3 Should the courier be willing to wait at the delivery location, please continue to open the shipment and inspect each individual item. Again, note any internal damages on the delivery receipt and photograph all elements.
12.1.4 Following signature for the delivery acceptance of the Goods, you must contact STAUNCH within 48 hours to file a claim. Please write to [email protected] and you will be asked to supply images of the damaged packaging and/or products and a copy of the delivery receipt with the above requirements clearly noted and signed for.
12.1.5 As part of the courier claim we shall provide your details, you may be contacted directly and asked to facilitate a damage inspection. To pass the inspection process, you must retain all original packaging and any damage product until after the claim settlement date.
12.1.6 We shall expedite any Order of replacements to cover the damages.

12.2 Always verify your order on receipt, compare what you have received with the Goods which you have ordered as per your Order Confirmation. If any discrepancies are found i.e. product differences, overages and shortages, you must contact STAUNCH via [email protected] within 48 hours of receipt to file a claim.
12.3 To return Goods due to an Order cancellation, purchased online, via telephone, or email (Consumers only):
12.3.1 If you have already received your Order, you must notify us within 14 days of receipt (date of delivery). You will then be notified by us to prepare the goods for shipment and issued further instructions, including a shipping label. If a pre-arranged collection date is not specified, you then have a further 14 days from this notification to return the Goods back to us (excluding transit time).
12.3.2 Until the Goods are received back with us, you remain liable for the Goods. Therefore, you must ensure that proof of postage is obtained. It is also your responsibility to ensure that the Goods are repackaged using all original packaging where practical, if an alternative method needs to be implemented then it must be equal to or exceed the original packaging specifications.

13. Refunds if you Cancel your Order (Under Clause 12)
13.1 If you are a Consumer and you exercise your right to cancel your Order under Clause 12, we shall refund you as soon as possible.
13.2 We shall withhold the refund amount until we have received the Goods back from you and inspected the functionality/condition of the Goods.
13.3 Your refund will be subject to the following deductions:
13.3.1 Standard shipping costs associated with the original order will be refunded in the event of a return. However, if a premium shipping service was selected or requested, we shall not refund the full amount. The difference between the shipping services shall be deducted from the total.
13.3.2 When the Order is returned to us due to an Order cancellation and not due to faulty or damaged Goods, you will be liable for all associated shipping costs. This amount will vary based on geolocation and any additional charges, tariffs and clearances. Costs will be passed on without additional administration charges, as per our supplier order acknowledgement. Proof of the shipping costs can be provided to the Consumer on request.
13.3.3 If you handled the Goods in such a way beyond what is considered reasonably permitted in a shop, and this resulted in a decrease in Goods value due to condition. We may deduct an amount from the refund for this loss in value.
13.3.4 If any Services have been provided to you during the 14 day cancellation period at your request, we will make deductions from any refunded amount for Services which have taken place up to the time which you have informed us of the cancellation.
13.4 We shall issue the refund to the original payment method used when placing your Order.
13.5 If the right to cancel your Order does not apply due to the terms set out in Clause 12.3, you will not be entitled to such refund unless the Goods are faulty. See Clause 14 below for further information.

14. Faulty Goods or Services
14.1 We have a legal duty to supply Goods or Services that align with our contract with you. Goods or Services which are supplied must be as described, fit for purpose and of satisfactory quality. If we provide installation for Goods you have purchased from us, the Goods must be installed correctly. A Service such as this must be carried out with a reasonable level of skill and care.
14.2 Should you have a problem with any Goods or Services which have been supplied by use, please contact [email protected] as soon as possible.
14.3 If you are a Consumer in Great Britain your statutory rights are not affected, for more information on your rights as a Consumer you can visit the Citizens Advice website using https://www.citizensadvice.org.uk.

15. Events Beyond Our Control
15.1 We are not liable to you if we fail to comply with these Terms due to circumstances which are beyond our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes acts, events, non-occurrence, omissions or accidents beyond our reasonable control and includes but is not limited to the following:
– Fire, storms, floods, earthquakes, subsidence or any other natural disaster.
– Pandemic or epidemic.
– Riot, invasion, terrorist attack or threat of terrorist attack, war or preparation for war.
– Impossibility of the use of transportation, such as aircraft, motor transport, vessels, railway vehicles or other means of public and private transport.
– Impossibility of the use of public or private telecommunications networks.
– Manufacturer and supplier product delays.
– Failure by our suppliers to deliver components and stocks.
– Strikes, lock out and any other industrial actions.
15.3 Our obligations under these Terms are suspended for the period of the Force Majeure Event, so long as it continues. We will have a time extension to perform such obligations throughout the duration of this period. We shall also take reasonable steps to stop the Force Majeure Event and/or develop a solution which enables us to perform our obligations despite the live Force Majeure Event.

16. Our Responsibility
16.1 If you are a consumer:
16.1.1 Should we breach these Terms or be negligent, we are liable to you for the foreseeable loss and damage which you suffer because of such actions. ‘Foreseeable’ means at the time that a contract was made, it was clear that such loss or damage might reasonably occur because of our actions or something which we failed to do.
16.1.2 We are not liable to you for any loss, damage, cost, expense and/or any other indirect or consequential loss, damage or expense that was not foreseeable and not caused by our breach or negligence.
16.2 If you are a trader:
16.2.1 Should we breach these Terms, we are not liable to you for any loss, damage, cost and/or expense which was either foreseeable or non-foreseeable, including direct, indirect, consequential and/or expense however caused or any business loss.
16.2.2 If we are negligent, our total liability will be limited to the total price of the Goods and/or Services.
16.3 Nothing in these terms exclude or limit liability for any death or personal injury which is caused as a result of our negligence.
16.4 Nothing in these terms exclude or limit our liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow.

17. Your Duty
17.1 Please note that it is your duty to notify your insurer regarding any modifications made to your vehicle, whether that be through our Goods or Services. STAUNCH cannot advise you if our Goods or Services will impact and/or comply with your vehicle insurance requirements and/or any warranties which you may hold on said vehicle.

18. Your Information
18.1 Any information that you provide to us will be dealt with as per our Privacy Policy, this explains how it may be collected, stored and used.

19. Complaints
19.1 If you are unhappy with the Goods or Services which have been provided to you, please write to us using [email protected].

20. Our Intellectual Property Rights (IPR)
20.1 Our STAUNCH Goods and Services, including but not limited to; our design, imagery, drawings, models, manufacturing documentation, animations and graphics, our website (including its entire contents and any other downloadable content in any format) are the property of Coolair Bus & Rail Ltd. These details are protected by the applicable copyright, trademark, trade secrets, design and any other intellectual property or proprietary rights. Under no rights shall our IPR be used without prior written approval of Coolair Bus & Rail Ltd. All rights are reserved to Coolair Bus & Rail Ltd

21. Transfer of Rights
21.1 At any point we may transfer/assign any or all of our rights and/or obligations under these terms to a third-party organisation without your consent. If you are a consumer you shall be notified of the transfer and/or assignment and we shall ensure that your rights are not adversely affected because of such move.
21.2 You are not allowed to transfer your rights or obligations to anyone without our prior written consent, which we shall not unreasonably withhold.

22. Governing Law and Jurisdiction
22.1 The laws of England and Wales apply to these terms and conditions.
22.2 Disputes shall be subject to the non-exclusive jurisdiction of the courts of England and Wales, therefore you can choose whether to bring a claim to the courts of England and Wales or another part of Great Britain in which you live. If you do not live in Great Britain, any dispute must still be actioned under English law as this agreement is made under the laws of England and Wales.