Nemesis UK Terms & Conditions - Last updated 13/10/2007

Please read these conditions carefully before using the nemesisuk.com website. By using the nemesisuk.com website, you signify your agreement to be bound by these conditions.

Conditions Relating to Your Use of the nemesisuk.com Website
1. Your Account - If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Account area of the website.

nemesisuk.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. Privacy - Please review our Privacy Policy which also governs your visit to and use of nemesisuk.com to understand our practices.

3. Access to nemesisuk.com - We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for website access - Nemesis UK Performance Limited grants you a limited licence to access and make personal use of this website (nemesisuk.com), but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nemesis UK Performance Limited. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the nemesisuk.com website and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Nemesis UK Performance Limited or its affiliates' names or trademarks without the express written consent of Nemesis UK Performance Limited. Any unauthorised use terminates the permission or license granted by Nemesis UK Performance Limited.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of nemesisuk.com as long as the link does not portray Nemesis UK, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nemesisuk.com logo or other proprietary graphic or trademark as part of the link without our express written consent.

5. Your conduct - You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Fuel Parts UK Limited, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:
1. for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
2. to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
3. to cause annoyance, inconvenience or needless anxiety

6. Reviews, comments, communications and other content - Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Nemesis UK Performance Limited reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you grant Nemesis UK Performance Limited and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nemesis UK Performance Limited and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Nemesis UK Performance Limited, including the execution of deeds and documents, at the request of Nemesis UK Performance Limited.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Nemesis UK Performance Limited: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Nemesis UK Performance Limited policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Nemesis UK Performance Limited and its affiliates for all claims brought by a third party against Nemesis UK Performance Limited or its affiliates arising out of or in connection with a breach of any of these warranties.

7. Defamation claims - Because Nemesis UK Performance Limited lists hundreds of products for sale on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Nemesis UK Performance Limited operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by email. Once this procedure has been followed, Nemesis UK Performance Limited will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

8. Copyright and database rights - All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nemesis UK Performance Limited, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Nemesis UK Performance Limited and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Nemesis UK Performance Limited, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without Nemesis UK Performance Limited's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Nemesis UK Performance Limited's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Nemesis UK Performance Limited's express written consent.

9. Copyright claims - Nemesis UK Performance Limited and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us using the contact page.

Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by Nemesis UK Performance Limited to you.

10. Our contract - When you place an order to purchase a product from Nemesis UK Performance Limited we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.

11. Delivery - Nemesisuk.com can dispatch items to virtually any address in the world. However, warranty issues, manufacturer restrictions and customs laws prevent us from shipping certain products to certain geographical locations. You will be responsible for paying local taxes and duty when importing our products to countries outside the EU.

UK delivery and order handling charges are quoted against each product. Destination-specific delivery rates to different countries can be viewed in the checkout procedure by choosing your country of residence when completing the order.

Estimated delivery times are indicated each against specific product on the product page.

12. Canceling Items or an Order - You can immediately cancel or amend any order placed with Nemesisuk.com, provided that the order has not been dispatched. You should call 01527 870222, or email sales@nemeisiuk.com quoting your order reference, password and the items or orders you wish to cancel. If cancelled before dispatch and provided the items were not to special order, there will be no handling charge.

If the order you want to cancel has already been dispatched, you will need to wait until the order is delivered to you before you can cancel and return the goods. You will be required to give a reason for cancelling the item or order. For more information on returning items, see item '13. Returns' ; this returns policy does not affect Your Statutory Rights.

13. Returns - We operate a 28 day returns guarantee which means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 28 days of the date you received the item, unused, intact and not damaged by yourself and we will issue a full refund for the price you paid for the item. Please note: we can only accept the return of opened items if they are faulty or damaged.

In the event of Nemesis UK Performance Limited sending you a replacement for a damaged, defective or wrong item, you must return the item to Nemesis UK Performance Limited within 28 days. Nemesis UK Performance Limited reserves the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item to us within 28 days of the date on which Nemesis UK Performance Limited confirms we will issue a replacement.

This returns policy does not affect your statutory rights.

14. Customs - When ordering goods from Nemesis UK Performance Limited for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Nemesis UK Performance Limited, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

15. Health & Safety - By purchasing any product from Nemesis UK Performance Limited, you acknowledge that you are taking full responsibility for the fitting and safe usage of the product(s).

Conditions Relating to Both Your Use of Nemesisuk.com and Sales to You
16. Children - Nemesis UK Performance Limited does not sell products for purchase by children. If you are under 16, you may use Nemesisuk.com only with the involvement of a parent or guardian.

17. Electronic communications - When you visit Nemesisuk.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

18. Losses - Nemesis UK Performance Limited will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Nemesis UK Performance Limited does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

19. Alteration of Service or Amendments to the Conditions - We reserve the right to make changes to our website, policies, and these Terms & Conditions at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

20. Events beyond our reasonable control - We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

21. Waiver - If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

22. Governing law and jurisdiction - These conditions are governed by and construed in accordance with the laws of England and Wales . You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

23. Our details - This website (nemesisuk.com) together with nemesisperformance.net and nemesisperformance.com are owned and operated by Nemesis UK Performance Limited.

Nemesis UK Performance Limited
Nemesis UK - Nemesis UK Performance Limited, Buntsford Hill Business Park, Bromsgrove B60 3DX

Telephone: +44 (0) 1527 870222
Fax: + 44 (0) 1527 870222
Email: info@nemesisuk.com