TERMS AND CONDITIONS

Apart from the definitions the terms and conditions outlined in this document are split into 4 key areas as follows:

1.0 DEFINITIONS

1.1 In these terms and conditions the following definitions apply.

1.2 “AERIE Performance” is the trading name and trading style of “Aerie Performance Limited”

1.3 “AERIE Performance”, “Aerie Performance Limited”, “we” or “us” refers to the owner of the website whose registered office is “G/F,212 Argyle Street, Mongkok, Kln, Hong Kong ” 

1.4 “www.aerieperformance.com” is the website unique resource locator (URL) of “AERIE Performance”

1.5 “You,” “the client,” “the customer” means the person(s), Business(es) procuring the services from “AERIE Performance.”

1.6 “Deposit” means the fee required by “AERIE Performance” for the purposes of purchasing goods or services from “AERIE Performance.”

1.7 “Vehicle Owner” means the person(s) who is the legal owner of the “Vehicle”

1.8 “Authorised person,” means the person(s) who is legally entitled to act on behalf of the “Vehicle Owner”

1.9 “Confidential Information,” means any data of a private nature held by “AERIE Performance”

1.10 “After market,” refers to any part which is not an original part.

1.11 Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.12 The headings contained in these terms and conditions are for convenience and do not affect their interpretation.

2.0 THE CONTRACT

2.1 By accessing, browsing and/ or continuing to browse and use the “AERIE Performance” website, requesting quotations or procuring goods and / or services from “AERIE Performance”, you are agreeing to comply with and be bound by these terms and conditions.

2.2 By procuring goods and / or services from “AERIE Performance” you are entering into a purchasing agreement or legal contract with “AERIE Performance.”

2.3 Any person(s) procuring goods or services from “AERIE Performance” must be either the “Vehicle Owner” or an “Authorised Person”

2.4 By procuring goods or services from “AERIE Performance” you are identifying yourself as the “Vehicle Owner” or an “Authorised Person.”

2.5 We reserve the right to change our terms and conditions from time to time. Amended terms will be posted on our website for “the Client’s” perusal.

2.6 These terms and conditions contain the entire agreement between the parties and unless otherwise agreed in writing by a director of “Aerie Performance Limited” these Terms and Conditions prevail over any other terms of business or purchase conditions put forward by “the client.”

2.7 No variation or alteration to these terms and conditions shall be valid unless the details of such variation are submitted by a director of “Aerie Performance Limited”

2.8 The length of the contract terms is dependant on the total time taken to complete the work for “the client” and length of any warranty supplied for any labour and parts provided to “the client” by “AERIE Performance” and the total time for the purposes of the contract shall be taken as the later finishing date of the two.

SECTION I - USE OF WEBSITE

3.0 The use of this website is subject to the following terms of use

3.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice

3.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.3 It is a condition of us allowing you access to the information on the “AERIE Performance” website that you accept we will not be liable for any action you take relying on the information from this website. “AERIE Performance” will not be liable if your use of materials or information from the “AERIE Performance” website results in the need for servicing, repair or correction of equipment or data, “you” assume any costs relating to the above. “AERIE Performance” reserves the right to charge for access to certain information on the website. “AERIE Performance” will inform you where a charge will be incurred by you for accessing certain services or information on the “AERIE Performance” website.

3.4 If your PC does not support relevant technology including but not limited to encryption you may not be able to use certain services or access certain information on the “AERIE Performance” website.

3.5 You may not mirror any material contained on the “AERIE Performance” website or any other server without “AERIE Performance”’s prior consent.

3.6 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. 

3.7 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, logo, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

3.8 All trademarks reproduced in this website, which are not the property of “AERIE Performance”, or licensed to the operator, are acknowledged on the website.

3.9 Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

3.10 From time to time this website may also include links to other website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website. We have no responsibility for the content of the linked website.

3.11 You may not create a link to these website from another website or document without “AERIE Performance”’s prior written consent.

3.12 In a few areas on the “AERIE Performance” website we ask you to provide information that will enable us to use this information that you provide us with to help keep you informed of our latest products and services after your visit to the “AERIE Performance” website. It is completely optional for you to participate. The information you provide on this website may be held and used by us for any of the following purposes: orders and/or accounts, dealing

with enquiries or complaints, crime and fraud prevention, marketing our products and services or (subject to any objection or preference you may indicate when submitting your personal details to us via this website for sending information to you about our products and services from time to time. In addition, we may use information about you provided by credit reference agencies to help us make credit decisions and prevent fraud.

3.13 We may disclose your information to other group companies, including their respective partners, agents and sub-contractors, for any of the above purposes. In addition we may disclose your information to credit agencies and to other people in relation to enquiries concerning the prevention and detection of fraud or crime, or the apprehension or prosecution of offenders or as may be required by law or legal proceedings.

3.14 You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to “AERIE Performance” or any of its customer or users of the “AERIE Performance” website by any means including the use of the “AERIE Performance” website services for persistently sending unsolicited communications without reasonable cause.

3.15 The service is accessed via the World Wide Web, which is independent of the service and “AERIE Performance”. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. “AERIE Performance” has no responsibility for any information or service obtained by you on the World Wide Web.

3.16 “AERIE Performance” excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any information and the value and integrity of goods and services offered by third parties over the “AERIE Performance” website service. You acknowledge that we have no control over and we exclude all liability for any material on the World Wide Web, which can be accessed by using the “AERIE Performance” website service.

3.17 We may suspend or vary the whole or any part of the service offered by the “AERIE Performance” website for any reason at any time at our sole discretion.

3.18 “AERIE Performance” reserves the right to vary the terms of this contact from time to time. Such variations becoming effective immediately upon posting of the varied contract on the “AERIE Performance” website. By continuing to use the “AERIE Performance” website services you will be deemed to accept such variation.

3.19 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

SECTION II - PRIVACY POLICY

4.0 This privacy policy sets out how “AERIE Performance” uses and protects any information that you give “AERIE Performance” when you use this website.

4.1 “AERIE Performance” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website; you can be assured that it will only be used in accordance with this privacy statement.

4.2 “AERIE Performance” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you acknowledge with any changes. This policy is effective from 01/09/21.

4.3 What we collect

We may collect the following information:• name and job title

• contact information including email address
• demographic information such as post code, preferences and interests
• other information relevant to customer surveys and/or offers

What we do with the information we gather:

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
• We may use the information to customise the website according to your interests.

Security

4.4 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

4.5 A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

4.6 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

4.7 Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

4.8 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

4.9 Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and

look at the privacy statement applicable to the website in question.

Controlling your personal information

4.10 You may choose to restrict the collection or use of your personal information in the following ways:

4.10.1 whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

4.10.2 If you have previously agreed to let “us” use your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@aerieperformance.com.

4.10.3 We will not sell, distribute or lease your personal information to third parties unless we have your express permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

4.10.4 If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

SECTION III - DISCLAIMER

5.0 The information contained in this website is for general information purposes only. The information is provided by ““AERIE Performance”” and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

5.1 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, arising out of or in connection with the use of this website.

5.2 Every effort is made to keep our company websites up and running smoothly. However, ““AERIE Performance”” takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

SECTION IV – PROCUREMENT OF GOODS AND SERVICES

6.0 This contract aims to protect all parties whenever unforeseen circumstances might arise. This document is intended to be a legal contract between the two parties “AERIE Performance” and “the Client.”

6.1 The following terms and conditions apply to all goods and / or services offered by “AERIE Performance”. By ordering any goods and / or services from “AERIE Performance” you are agreeing to the following terms and conditions:

Refunds, returns, credit notes, and exchanges

6.2 Specially ordered parts CANNOT be returned for credit.

6.3 Fuel injection and electrical parts cannot be returned for credit if supplied correct to application

6.4 All orders/goods should be checked immediately on receipt so any shortages or damage to goods can be reported without delay.

6.5 All parts being returned for credit must be in a resalable condition, items will not be accepted if they appear to have been fitted, if any sealant grease has been applied or if the packing has been damaged.

6.6 We reserve the right to refuse exchange units which are considered to be in an unserviceable condition.

Other conditions

6.7 To meet increased demands and availability of products the right is reserved to change manufacturer, brand or component, without prior notice; purchasers should check and ensure such details at time of purchase.

6.8 The right is reserved to alter prices and specification without notice.

COSTS

6.9 All goods remain the property of AERIE Performance until payment has been received in full.

6.10 If it becomes necessary for “AERIE Performance” to bring any action to collect any sums due under this Agreement, it shall be entitled to collect, without prejudice to any other remedy, in addition to all damages, its costs of collection and any outstanding costs. Legal action proceeds immediately after the due date.

COPYRIGHT

6.11 The copyright, patent, and other intellectual property rights ("IPR") in the Website of AERIE Performance and in particular any copy, photographs, layouts, logos and products unless expressly stated shall remain the exclusive property of “AERIE Performance”.

6.12 The Client agrees that copyrights to “AERIE Performance”' work shall remain the exclusive property of “AERIE Performance”, and that it will not use as a template, sell, transfer, publish, disclose or otherwise make the contents of the website available to third parties without “AERIE Performance”' prior written consent.