These Terms and Conditions were last updated on 10th July 2021
Please read the following Terms and Conditions carefully. They are important and represent a binding agreement between you and WJA Trading Ltd t/a ‘House of Torque’.
These Terms and Conditions apply to the use of our website, buying our products and using our services.
If you do not agree to these Terms and Conditions, you may not access or use the Site or buy our products.
Our Products and Services
House of Torque displays automotive parts on their website for sale. These include spare parts, manufactured parts and wiring harnesses. They also provide other services such as ECU (engine control unit) services, immobiliser removal and tuning carried out by other companies. The Customer chooses a product or service, pays for it following the payment terms and online payment processes provided by Woocommerce and the Product is delivered to their chosen address by DHL.
“we”, “us”, and “our” mean House of Torque.
“user”, “you”, and “your” refer to site visitors, customers, and any other users of the site.
“House of Torque” means WJA Trading Ltd t/a House of Torque, the company that owns and runs this website and provides Products and Services.
“Site” means the House of Torque website www.house-of-torque.com
“Product” or “Products” refers to automotive parts and items available for sale on our Site.
“Services” or “Services” means any Services that House of Torque may provide, such as ECU (engine control unit) services, immobiliser removal and tuning, delivery.
“Visitor” means anyone who visits or browses our Site.
“Customer” means a Visitor to our Site who intends or has bought one of the Products or Services on display on our Site.
Using our Site
You must be 18 years of age or older to use our website or to buy our Products and Services.
These terms apply to Consumers and Business Customers unless otherwise stated.
- Payment and Charges
- You agree to pay all costs and charges related to the Products and Services you have ordered which are shown on our website and agree to use the correct payment facilities and processes provided by Woocommerce on our Site.
- Prices and costs may change sometimes in the normal course of business practice.
- However, if we changed the price after you placed the order you will be expected to pay the original price and not the changed price for that order.
- You may need to pay VAT on the products you buy from us, if this is the case it will be clearly shown or included in the final price we charge you.
- If you live outside the United Kingdom you may have to pay certain taxes or excise duties or other fees. These are charged by local authorities or national governments, courier or transport providers, therefore, we are in no way liable for any such additional taxes or fees which are out of our control. Such taxes, duties and fees are your sole responsibility. Please consult your local tax or customs and excise authority for more information.
- Buying Process
- You agree to follow our processes and procedures for buying Products and Services.
- You can pay for the Product using a credit or debit card or bank transfer using the payment processes provided by Woocommerce.
- You agree that placing an order means you are obliged to pay for the items you have ordered.
- You agree to pay the delivery cost which is shown when you place the order.
- Your item will normally be delivered to you by DHL.
- Lawful Purposes
- You may use our Site for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting for you through the Site. You agree to use the Site and to purchase Products through the Site for legitimate purposes only.
- You must not post or transmit any material which violates or infringes the rights of others through our Site. Or which is threatening, abusive, racist, offensive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages behaviour that that would be a criminal offence, give rise to civil liability, or otherwise violate any law.
- Site refusal
- We display our Products and Services, but it is our decision if we accept your order or requests. We have the right to refuse any order, person, or entity, without having to give a reason for doing so. We cannot accept an order until payment has been processed and received. We may at any time change or stop any aspect or feature of the Site, as long as we have fulfilled our previous responsibilities to you such as payment or refunds.
- The law says that you can return a Product bought online within 14 days after you have accepted delivery of the Product for any reason. This is sometimes called the cooling-off period. You can ask us for a refund at any time within this period.
- Please be aware that any returned Products must be in the same condition as when they were delivered and show no signs of wear or handling. Under s34(9) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, ‘if (in the case of a sales contract) the value of the goods is reduced by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.’ This means that you may be charged for the lost value of goods you have returned which have been used.
- The above cooling-off period does not apply to faulty Products, Products not of satisfactory quality, Products not fit for a particular purpose or Products which do not match their description on our website. In this situation, you can return the Product within 30 days to us where we will check if the above conditions apply to the Product. If we find that the Product is faulty, not of satisfactory quality or does not match the description we will offer to repair, replace or refund your payment depending on which is applicable. If we cannot find any problems with the Product it will be sent back to you. Please note that you are responsible for paying the cost of sending the Products to us.
- However, if the product is faulty you will not be expected to pay the cost of return postage. If you return an item that is not faulty you will be expected to pay for the postage to send it to us.
- The above cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 only applies to consumers and does not apply to business customers or companies buying our products and services. However, you may have certain implied rights under the Sale of Goods Act 1979.
- How to send Products back
- If you are returning Products for a refund within the 14-day period you must tell us by email that you want to cancel your contract with us and return the Product.
- Product Description
- We try to describe and display our Products as accurately as possible. While we want to be as clear as possible in explaining our Products or giving their description or any other information, House of Torque gives no guarantee that information on the Site, is accurate, complete, reliable, current, or error-free.
- House of Torque is not responsible for any inaccuracy, error, or incompleteness in the content.
- We may refuse or cancel any order with an incorrect price listing. However, if you have already paid for the product you will only be charged for the lower price unless it was a genuine and honest mistake on our part that you should’ve noticed.
- Product finish
- The exact shade, colour, size, texture, or construction of finished goods may differ due to the types of materials used, variation in batches or the manufacturing process, therefore, we cannot guarantee that all colours and Products will be the same.
- Photographs and how our products are displayed may not show the exact colour or texture or size in reality. Please contact us if you have a question about a Product concerning these issues.
- Intellectual Property Rights
- Our Site contains intellectual property owned by House of Torque, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format any of the Site Content or intellectual property, in whole or in part, without our written permission. We may use our right to immediately remove you from the Site, without refund, if you are caught breaking this intellectual property policy.
- Change of Terms
- We may at any time change these Terms and Conditions. Such changes are effective from the time we have posted the new Terms and Conditions on this Site. Any use of the Site by you after these Terms have been posted means you accept these amendments. We reserve the right to update any portion of our Site, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. We advise you to check these Terms and Conditions at regular intervals.
- You agree that we can terminate your use or access to this Site, Products and Services at any time without notice if you break any of these terms and Conditions.
- The duration of the contract for the sale of our Products or Services is until performance has been completed by both parties.
- This agreement can be terminated at any time for any reason by mutual agreement.
- How to send Products back
- Climate Assurance
- Both parties agree to, wherever possible, perform their obligations under this Agreement in a way that reduces or minimises the Carbon Footprint associated with any activities under this Agreement. For example, using digital forms and communication instead of paper forms or using non-plastic items.
- Either party should use all reasonable efforts to make sure that any necessary third party, use such documents or plastic and perform such acts as may reasonably be required for reducing the Carbon footprint as a measure to protect the environment.
- Responsibility and Liability
- Nothing in the Agreement will:
- limit or exclude the liability of a party for death or personal injury resulting from negligence;
- limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
- limit any liability of a party in any way that is not permitted under applicable law; or
- exclude any liability of a party that may not be excluded under applicable law.
- We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may reasonably remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- We will not be liable in respect of any loss of profits, income, revenue, use, production, or anticipated savings or earnings.
- We will not be liable for any loss of business, contracts, or commercial opportunities.
- We are not liable for the actions or omissions of any sub-contractors, independent service providers or manufacturers (Suppliers) we use. This means that subject to our obligations and duties under this agreement and UK consumer law any claims, damages or compensation for non-performance of their obligations or damage to your property should be sought directly from these Suppliers.
- We will not be liable for any loss of or damage to goodwill or reputation.
- We will not be liable in respect of any loss or corruption of any data, database, or software.
- We will not be liable for any data breach or data protection losses that were contributed to or caused by you.
- Neither party will be liable for any losses arising out of a Force Majeure.
- In no case will House of Torque , our employees or representatives be liable for indirect, incidental, consequential or any other remedies as a result of using our products or services or by any other third parties. Additionally, we are not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not.
- Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative, or that could not have reasonably been foreseen before entering into this agreement.
- Third-Party Links
- Our Site contains links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with House of Torque. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Payment for loss or damage
- You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions, or any use by you of the Site. You will provide us with any help that we might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our previous written permission.
- WJA Trading Ltd t/a ‘House of Torque’ has their registered office at:
18 Harewood Avenue,
Company Number 12418730
- All notices, requests, demands, and other communications under this agreement must be in writing and sent by email to:
- Whole Agreement
- Events or circumstances beyond our reasonable control
- Where an event beyond our reasonable control known as a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. Examples of such events and circumstances, but not limited to, include fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riot, accident, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.
- A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement;
- must notify the other; and
- will inform the other of the period for which it is estimated that such failure or delay will continue.
- the affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
- Invalid Clauses
- If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with the law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.
- The law of this agreement
- You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to English and Welsh Law in English. You also agree that English courts have exclusive jurisdiction except for negotiation and mediation resolution which may be used as an option before court action if both parties agree.
- Any dispute relating to this Agreement, which cannot be resolved by negotiation between the parties may within 14 days of either party giving notice to the other party that a dispute has arisen, may be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. The initial Mediation cost only is to be shared equally between the parties. Failing settlement of that dispute within 14 days, the dispute may be submitted by any party for a final decision to an English court which will have exclusive jurisdiction subject to the Governing Law clause above.