What are cookies?
Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.
What types of cookies do we use?
Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.
Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.
These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.
How to delete cookies?
If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.org , which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.
1. Information About Us
Our Site is owned and operated by 1st Class SMART & Body Vehicle Repairs Ltd, a limited company, registered in England under company number 11367397.
Main trading address: Unit 4, Carlisle Farm, Main Drove, Little Downham CB6 2ER
VAT number: GB334995169.
We are a member of The Federation of Small Businesses.
2. What Does This Policy Cover?
3. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
b) The right to access the personal data we hold about you. Part 9 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 10 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 10 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 10.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 10.
5. What Personal Data Do You Collect and How?
Our Site collects certain information automatically, including your IP address, the type of browser you are using, and certain other non-personal data about your computer or device such as your operating system type or version, and display resolution.
If you send us an email, we may collect your name, your email address, and any other information which you choose to give us. For the purposes of the Data Protection Legislation, We are the data controller responsible for such personal data.
The lawful basis under the Data Protection Legislation that allows us to use such information is article 6(1)(f) of the GDPR which allows us to process personal data when it is necessary for the purposes of our legitimate interests, in this case, the proper operation and functionality of Our Site. If you contact us as described above, you will be required to consent to our use of your personal data to contact you. In this case, our lawful basis for using your personal data will be article 6(1)(a) of the GDPR, which allows us to use your personal data with your consent for a particular purpose or purposes.
6. How Do You Use My Personal Data?
Where we collect any personal data, it will be processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the Data Protection Legislation at all times. For more details on security see Part 7, below.
As stated above, we do not generally collect any personal data directly from you, but if you contact us and we obtain your personal details from your email, we may use them to respond to your email. The other technical data referred to above is necessary for the technical operation of Our Site and will not normally be used in any way to personally identify you.
We will not share any of your personal data with any third parties for any purposes other than storage on an email and/or web hosting server.
7. How and Where Do You Store My Data?
We will only store your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.
Personal data security is essential to us, and to protect personal data, we take the following measures:
limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so;
Keeping personal data in a locked filing cabinet/office and/or on a password protected computer.
8. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
9. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 10.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
10. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Libby Greenhalgh):
Email address: email@example.com.
Telephone number: 07342908275.
Postal Address: Unit 4, Carlisle Farm, Main Drove, Little Downham CB6 2ER
WEBSITE TERMS AND CONDITIONS
By Using Our Site You Accept These Terms and Conditions
These Terms and Conditions were last updated on 14/11/2022.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
The following documents also apply to your use of Our Site:
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
means 1st Class SMART & Body Vehicle Repairs Ltd.
2. Information About Us
2.1 Our Site is operated by 1st Class SMART & Body Vehicle Repairs Ltd. We are a limited company registered in England and Wales under company number 11367397. Our registered address is Unit 4, Carlisle Farm, Main Drove, Little Downham CB6 2ER
2.2 Our VAT number is GB334995169.
2.3 We are a member of The Federation of small businesses.
3. How to Contact Us
To contact Us, please email Us at firstname.lastname@example.org or telephone us on 07342908275.
4. Access to Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time
6. Changes to these Terms and Conditions
6.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
7. International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
8. How You May Use Our Site and Content (Intellectual Property Rights)
8.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
8.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
8.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.
8.4 You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
8.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
8.6 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
9. Links to Our Site
9.1 You may link to any page on Our Site
9.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
9.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
9.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
9.5 You must not frame or embed Our Site on another website without Our express written permission.
9.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
10. Links to Other Sites
10.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
10.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
11.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
11.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
11.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
12. Our Liability
12.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
12.2 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
12.3 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 Our Site is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
12.5 Subject to Part 12.6, if you are a consumer and digital content from Our Site damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.
12.6 Note that the right to compensation or repair in Part 12.5 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.
13. Viruses, Malware, and Security
13.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
14. Acceptable Usage of Our Site
14.1 You may only use Our Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
14.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f) Any other actions which We deem reasonably appropriate (and lawful).
14.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.
15. How We Use Your Personal Information
16. Communications from Us
16.1 If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
16.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 28 days for your request to take effect and you may continue to receive emails during that time.
16.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
TERMS AND CONDITIONS
These Terms and Conditions are the standard terms which apply:
A. to the provision to the Customer of any Services (as “Services” is defined in Clause 1 below) by the business, namely 1st Class Smart & Body Vehicle Repairs Ltd, trading as 1st Class Smart Body Repair, a Private Limited Company registered in England under number 11367397, whose registered address is Unit 4, Carlisle Farm, Main Drove, Little Downham CB6 2ER.
B. where the Customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer” means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who receives any of the Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business.
“Customer/You/Your” means a Consumer customer of the Garage who requires its Services;
“Estimate” means a document giving the approximate Price of the Work;
“Workshop/Us/We/Our” means 1st Class Smart Body whose place of business and contact address is the same address as above and reference to the Garage shall include reference to any and all of its staff including repairers and office staff;
“Invoice” means a final invoice giving the total Price of the Work;
“Manufacturer” means the manufacturer of the Vehicle;
“Price” means the fee payable for the Work including parts, labour, VAT and any additional charges;
“Quotation” means a document giving the agreed fixed Price of the Work which We shall not vary without Your explicit agreement;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Services” means any type of repair or painting of Vehicles;
“Vehicle” means Your vehicle which may be a car, van, motorhome, motorcycle, caravan or trailer;
“Warranty Period” means the duration of the warranties provided by Us in accordance with Clause 9 of these Terms and Conditions; and
“Work” means the particular Services that We agree to provide to You;
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication affected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular shall include the plural and vice versa; and.
1.5 References to any gender shall include the other gender.
2.1 You may request a booking for any Work (subject to Our confirming the booking) by text message, writing, email, telephone call, facebook message, website message or whatsapp message.
2.2 When You request a booking, You must give Us the following information:
2.2.1 Customer contact details -full name, address, email address and telephone number
2.2.2 Any preferred dates or dates you cannot do
2.2.3 Nature of repairs required and pictures of damage etc
2.2.4 Make, model, age of Vehicle and vehicle registration where appropriate
2.3 We can provide You with a booking form which shall provide prompts for all required information
2.4 We will prepare and submit an Estimate or Quotation to You either by telephone, message, email or first class post giving an Estimate based on the details You provide;
2.5 If You accept the Estimate or Quotation, We shall then confirm the booking to You and We shall use Our reasonable endeavours to ensure that the date We agree for the Work to be carried out is as close as possible to that which You originally requested. Only if and when We give You that confirmation will there be binding contract between You and Us for the Work;
2.6 You may accept an Estimate or Quotation by email, telephone, message or first class post;
2.7 You confirm that, in connection with your request(s) for any Services, You are and will be a “Consumer” as defined in Clause 1 above.
3. Payment and Invoices
3.1 If We require a deposit or similar prepayment, We shall state it clearly in the Quotation and You must pay it on receipt of quotation and deposit request unless otherwise stated
3.2 From the point at which Work on the Vehicle commences up until the point at which You have paid in full all sums due, We shall have a general lien on Your Vehicle (i.e. a right to possession of property until payment is made for work done to that property) for all sums due;
3.3 Following Our completion of the Work, We shall issue an invoice to You;
3.4 The invoice will provide a comprehensive summary of all of the Work done and will provide full details of all parts and labour including the Price payable for it with the VAT element payable on it shown separately;
3.5 All sums due will be payable within 24 hours of the date of the relevant invoice;
3.6 You may make payment by Cash, Cheque or Bank transfer
3.7 In addition to Our rights under sub-Clause 3.2, We shall have the right to sell the Vehicle at Your expense if any sum due remains unpaid following Our written notice to You of 30 days. That notice period will begin no earlier than 30 days after the date of the relevant invoice;
3.8 From the due date of payment until We take the action set out in sub-Clause 3.8, any outstanding sum will incur interest on a daily basis at 2% above the base rate of Barclays Bank Plc from time to time until You make payment in full.
4. Insurance Claims and Accident Damage
4.1 If the Work to be carried out on the Vehicle is the subject of an insurance claim, You (or the policyholder if he/she is not the same person) must sign any documents required by the insurer to be signed to authorise payment to Us for the Work;
4.2 We shall not be responsible for any delay in completing the Work and / or returning the Vehicle to You where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.
5. The Work
5.1 We shall use reasonable endeavours to ensure that all parts required for the completion of the Work will be in stock to enable Us to carry out the Work when it is booked to be carried out but We will tell You if, due to non-availability of parts or a delay in their delivery, We are unable to begin the Work on the date We have arranged with You and to complete it within the total amount of the time referred to in sub-Clause 5.5;
5.2 If We cannot carry out and complete the Work due to non-availability of parts or a delay in their delivery, then when We tell You that (as set out in sub-Clause 5.1), You may either make arrangements with Us for a re-booking or You may exercise Your right to cancel as set out in Clause 11;
5.3 We shall agree with You before We begin the Work on all parts that We are going to use (except for those additional parts referred to in sub-Clause 5.6);
5.4 We shall only use parts for the Work that are new and either Manufacturer’s original parts or those produced by a third party and authorised by the Manufacturer. If We in any way intend not to abide by this requirement, We will tell You Our reasons for doing so and We may not do so unless You first explicitly consent;
5.5 We will tell You before We begin the Work the amount of time We initially estimate that We will need to carry out the Work subject to any additional time needed under sub-Clause 5.6. We shall tell You promptly on discovering a need for such additional time and the reasons for needing it;
5.6 If We find during the course of the Work that We need to use additional parts and / or labour, We will only order additional parts or carry out additional Work if You first explicitly consent. For that purpose We will tell You immediately and give You an estimate for both the cost to You of additional parts and labour and also an estimate of the amount of additional time We need to carry out the additional Work;
5.7 We will allow You an appropriate reduction in the Price to the extent that the time We take to carry out all of the Work:
5.7.1 exceeds the total of the time We initially estimated under sub-Clause 5.5 and the additional time We estimated under sub-Clause 5.6; and
5.7.2 exceeds what is a reasonable time in all of the circumstances, but a reduction will only apply to any part of delay in the completion of the Work due to a cause within Our reasonable control;
5.8 If We replace any parts, We will make the original parts available to You to view and examine up to and including the time that You collect Your Vehicle. You may only remove those parts from the Workshop if You will dispose of them in an environmentally responsible manner. If You do not wish to inspect and / or remove the parts, We shall dispose of them after You collect Your Vehicle; in an environmentally responsible manner.
5.9 We shall use reasonable endeavours to ensure that We take good care of Your Vehicle and any of Your possessions inside it but We nevertheless advise You to remove all possessions from the Vehicle before We begin the Work, we will not be liable for any possessions left in the vehicle unless they cannot be removed; sound systems etc.
6. Vehicle Warranties
6.1 If the Vehicle is covered by a Manufacturer’s new vehicle warranty, anti-perforation warranty or rust / corrosion warranty at the time the Work is carried out, We shall carry out all of the Work in a way that adheres to the terms of those warranties and the Manufacturer’s specifications and documentation, using original or Manufacturer-authorised parts;
6.2 If Our compliance with sub-Clause 6.1 causes Us additional cost, We will tell You of alternatives and will explain to You in full the consequences of those alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties). The decision as to whether or not We will follow any such alternative shall be Your decision alone;
6.3 Before We begin any of the Work covered by a Manufacturer’s or a third party organisation’s warranty We shall obtain their consent to Us carrying out that Work;
6.4 We shall not be responsible or liable for any failure to comply with any warranties where You have not told Us of those warranties.
We may sub-contract any of Our obligations under these Terms and Conditions provided that any sub-contractor We use is reasonably skilled in the relevant practices and provided that We do not pass on to You any additional charges without Your prior consent.
8. Insurance, Damage and Liability
8.1 We shall at all times have in place suitable and valid insurance, including but not limited to, public liability insurance; to repair and drive any vehicle in our possession and employers liability
8.2 We shall not be liable to You for any loss or damage You suffer due to Your failure to follow Our or the Manufacturer’s instructions;
8.3 We will not be liable to You for any failure or delay in performing Our obligations where such failure or delay results from any cause that is beyond Our reasonable control;
8.4 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
8.5 We provide Services to You only for Your personal and private use/purposes as a Consumer. We make no warranty or representation that products, or other goods or materials that We use in carrying out the Work are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
8.6 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation; and
8.7 As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
8.7.1 the Consumer Rights Act 2015;
8.7.2 the Regulations;
8.7.3 the Consumer Protection Act 1987; or
8.7.4 any other consumer protection legislation; as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
9. Warranty and Guarantee
9.1 We offer a Forever Warranty on all our repairs and painting. (some exceptions apply please see sub clause’s 9.4 and 9.6)
9.2 The warranties on certain parts may vary due to their original Manufacturers’ warranty conditions.
9.3 If any Work done and / or parts used fails during the Warranty Period, We shall carry out the necessary repairs and replacements at no additional cost to You; (this may incur parts costs if the parts are outside their warranty period)
9.4 We will be entitled to void any warranty that We give You if the Vehicle is used for anything other than normal purposes (unless We explicitly tell you otherwise in writing). This includes:
9.4.1 Participating in racing or other competitions of any kind;
9.4.2 Participating in speed testing or time trials;
9.4.3 Use of the Vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example);
9.4.4 Use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; or
9.4.5 Failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations;
9.4.6 Failure to adhere to our ‘Looking after your repair’ instructions (these can be viewed on our website or we can provide you with a written copy on request)
9.5 The rights and remedies that We give You under this Clause 9 to provide repairs and replacement parts shall (as stated by sub-Clause 8.7) be in addition to all such rights and remedies as are available to You if You as a Consumer.
9.6 Your repair is guaranteed for as long as you own the vehicle, or if we have repaired the vehicle for you to sell on we can transfer the guarantee to the new owner within 1 month of the repair. Our repairs only, will then be guaranteed for as long as the new owner has possession providing they comply with these terms and conditions.
9.6.1 You will need to provide your original 1st Class SMART & Body Vehicle Repairs invoice as proof of purchase.
9.6.2 Our Forever Warranty is with the customer, not the manufacturer and only applies to repairs to vehicle bodywork.
9.6.3 Alloy wheel repairs come with a one year guarantee which only applies if no further damage to the wheel has occurred since the repair.
9.6.4 You must have observed our ‘Looking after your repair’ instructions (these can be viewed on our website or we can provide you with a written copy on request).
9.6.5 No warranty is offered against damage to the finish caused by any corrosion or rust or any previous rust repairs. No warranty is offered against repairs to remove rust (unless whole panels have been replaced and we give you a written guarantee specifically for this repair.)
9.6.6 No warranty is offered against failure of a previous paintwork repair completed by a third party. This includes where we have been asked to rectify a previous poor repair completed by a third party.
9.6.7 No warranty is offered against further accidental damage or impact, normal wear and tear including stone chipping and inappropriate aftercare once the vehicle has been returned to the customer.
9.6.8 Any repairs carried out before November 2020 come with a one year warranty subject to the terms set out in this clause 9.
10.1 You may cancel any Work booked as set out in sub-Clause 10.5 or as set out in sub-Clause 10.3;
10.2 If You cancel under sub-Clause 10.3 or 10.5, and You have paid Us any deposit or prepayment under sub-Clause 3.1, We shall return it to You less any amount You owe to Us under any part(s) of this Clause 10, but You will still be liable to pay Us the remainder of the amount You owe Us;
10.3 If, on or after You have brought Your Vehicle to Our premises for the Work to be carried out, You cancel the Work but We have by that time begun the Work, You must pay Us for all labour and for all parts We have used and, if We so decide, for all parts We have ordered but not yet used if in Our reasonable judgement We are unlikely to use or sell those ordered parts within 6 months. We shall invoice You for that labour and those parts. We will charge You for that labour at the same hourly rate as We used to calculate the Price. Clause 3 shall apply to the payment of any such invoice;
10.4 The parts We have ordered but not used by the time You cancel will remain Our property. We may use or dispose of them as We see fit without accounting to You for their cost where We have charged You for them under sub-Clause 10.3;
10.5 Where the contract We make with You is not made on Our premises, the Regulations give You the following rights in addition to the rights given to You by the above provisions of this Clause 10:
10.5.1 You may for any reason cancel a booking during the 14 day period after we confirm that booking unless sub clause 10.5.2 applies. If You cancel as allowed by this Sub-clause 10.5.1, and You have already made anypayment(s)to Us for the Work,We will refund the payment(s) to You within 14 days of receiving Your cancellation; but
10.5.2 if the booking is for a date for beginning the Work which is before the end of the 14 day period from when You make the booking and if You have expressly requested Us to do any of the Work and We do so, You may not cancel the booking and You must pay in accordance with Clause 10.3 for such of the Work as has been carried out;
10.5.3 If You request that Your booking be cancelled, You must confirm this in any way convenient to You;
10.6 Once You have paid Us all that You owe Us, You shall collect (or arrange for the collection of) Your Vehicle within 7 days. If Your Vehicle remains on Our premises beyond that period. You shall pay Us for its storage at the rate of £50 per day. We will not release Your Vehicle until You have paid in full all sums that You owe Us (including the storage charge).
11. How We Use Your Personal Information (Data Protection)
11.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
11.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our website or workshop office.
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We confirm the booking for any Work) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We confirm the booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
As required by the Regulations:
13.1 all of the information described in Clause 11; and
13.2 any other information which We give to You about any Services or the Garage which You take into account when deciding to make a booking or when making any other decision about the Services; will be part of the terms of Our contract with You as a Consumer.
14. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about the Work or Our Services or any other complaint about the Workshop or any of Our staff, please raise the matter with Libby Greenhalgh who can be contacted at the Workshop or 01353659450, 07342908275, email@example.com or at the above addresses in writing.
16. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
18. Law and Jurisdiction
18.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
LOOKING AFTER YOUR REPAIR INSTRUCTIONS
Extra care will need to be taken if the repair has been carried out in cold conditions.
The misuse or excess use of high-power jet washers or automated car washes can have an aggressive effect on refurbished finishes and can potentially remove the paint surface from wheels, especially around small chips.
Applying any form of overly abrasive contact on the repaired area(s) – including the use of chemical cleaning products – can also have a negative effect on your repair.
Extra care will need to be taken if the repair has been carried out in cold conditions.
Tyres should not be changed within 7 days of an alloy wheel repair or refurbishment.
If your wheel has been removed during the repair, final wheel nut tightening should be applied following 20 miles of driving as recommended by vehicle manufacturers.
After 7 days we suggest that refurbished alloy wheels should be cleaned using warm water and a non-abrasive cloth or brush.
For all repairs including alloy repairs and refurbishments, do not wash or polish your car for a minimum of 7 days from when a repair has been carried out on your vehicle.
Following the above advice, we do also recommend that all vehicle paintwork should be cared for in accordance with the guidelines provided in the vehicle manufacturer’s handbook if it is available.
Please note: any subsequent damage caused by not following the above recommendations within the initial 7 day period will not be covered by our Forever Warranty.