Customer Terms and Conditions
3D Group / 3D Autokeys
Customer Terms
1. Where to find information about us and our products
You can find everything you need to know about us, A & D Computers Limited, trading as “3D Group” and “3D Autokeys”, and our products on our websites or from our sales staff before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper. Your contract for products and / or services is with us, A & D Computers Limited.
We trade as “3D Group”, providing products and services to businesses, and operate the website www.3dgroupuk.com.
We trade as “3D Autokeys”, providing products and services to businesses and consumers, and operate the website www.3dautokeys.co.uk.
2. We don't give business customers all the same rights as consumers
For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
3. When you buy from us you are agreeing that:
Provision |
Clause number |
Application |
If you are a business customer this is our entire agreement with you. |
4 |
Business customers only |
5 |
All customers. |
|
6 |
All customers. |
|
What we will charge you, when you will pay and the passing of the title to goods. |
7 |
All customers. |
If you are a business customer you have no set-off rights |
8 |
Business customers only. |
9 |
All customers. |
|
10 |
All customers. |
|
11 |
All customers. |
|
Circumstances where products can vary from their pictures and descriptions |
12 |
All customers. |
You're responsible for making sure the details you provide are accurate. |
13 |
All customers. |
We charge you if you don't give us information we need or do preparatory work as agreed with us. |
14 |
All customers. |
We may provide a software licence with your product. |
15 |
All customers. |
How your products are delivered. |
16 |
All customers. |
17 |
Consumers only. |
|
If you are a business customer, you can return products at our discretion |
18 |
Business customers only. |
You have rights if there is something wrong with your product – Your rights and remedies if you are a consumer |
19.1 – 19.2 |
Consumers only. |
You have rights if there is something wrong with your product – Your rights and remedies if you are a business |
19.3 – 19.6 |
Business customers only. |
20 |
All customers. |
|
21 |
All customers. |
|
22 |
All customers. |
|
We don't compensate you for all losses caused by us or our products – our liability to consumers |
23.1 |
Consumers only. |
We don't compensate you for all losses caused by us or our products – our liability to businesses |
23.2 – 23.5 |
Business customers only. |
24 |
All customers. |
|
25 |
All customers. |
|
26 |
All customers. |
4. If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
5. We only accept orders when we've checked them
We contact you to confirm we've received your order and then we contact you again we accept it when we dispatch or supply the product and confirm dispatch or supply to you.
6. Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
7. What we will charge you, when you will pay and the passing of the title to goods.
7.1. What we will charge you.
If you order via our website, you will pay the price set out for the product(s) on the website at that time.
Where you do not order via our website, the price is the price set out in the order, or if no price is quoted, the price set out on our website or our price list in force at the date of the order. The price will exclude the costs of packaging, insurance and transport of products, which shall be invoiced to you.
We will try and set out in the order any issues in respect of pricing, including where the price is based on a manufacturer’s estimate. However, where the product(s) are good(s), we may, by giving notice to you at any time before delivery, increase the price of the good(s) to reflect any increase in the cost of the good(s) that is due to any factor beyond our control (including increases in the price charges to us by the manufacturer).
7.2. When you will pay.
Where you are not required to pay for the products and / or services at the time of placing the order, unless the order discusses credit terms or a different payment period, you will pay each invoice submitted to you by us within thirty (30) days of the invoice.
7.3. Title to goods.
(a) If your product is goods (rather than services), you will own it once we have received payment in full. This will be the passing of the “title” to the goods.
(b) If you are a business, until title to the goods have passed to you, you shall:
(i) store the goods separately from all other goods held by you so that they remain readily identifiable as our property;
(ii) not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
(iii) maintain the goods in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
(iv) notify us immediately if you become subject to any insolvency event, you cease or suspend your business, or if your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of our contract with you is in jeopardy; and
(v) give us such information as we may reasonably require from time to time relating to the goods and your financial position.
(c) If you are a business, subject to paragraph (d) below, you may resell or use the goods in the ordinary course of your business (but not otherwise) before we receive payment for the products. However, if you resell the products before that time:
(i) you do so as principal and not as our agent; and
(ii) title to the products shall pass from us to you immediately before the time at which resale by you occurs.
(d) At any time before title to the products passes to you, we may:
(i) if you are a business, by notice to you in writing, terminate your right under paragraph (c) above to resell the products or use them in the ordinary course of your business; and
(ii) require you to deliver up all products under our contract with you in your possession and control that have not been resold, or irrevocably incorporated into another product, and if you fail to do so promptly, enter any of your premises or of any third party where the products are stored, to recover them. You shall procure entry to any such third party's premises if requested to do so by us.
8. If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9. We charge interest on late payments
If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
10. We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
11. We're not responsible for delays outside our control
We will include details of delivery times in the order, and will particularly highlight where delivery times could be a considerable period (for example, if you require us to provide you with products that are being manufactured and / or supplied from overseas).
If our supply of your product is delayed (beyond what is set out in the order) by an event outside our control, such as a delay in receiving the products from the manufacturer or a pandemic / epidemic, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team (see details in paragraph 25.1 below) to end the contract and receive a refund for any products you have paid for in advance, but not received.
12. Circumstances where products can vary from their pictures and descriptions
A product's true colour may not exactly match that shown on your device or its packaging may be slightly different.
You may order a product that may or may not be provided with a particular certification, for example, because the manufacturer is seeking to obtain such certification for the product. The order will state whether a product will be provided with a particular certification, or whether we are seeking to supply the product with a particular certification but cannot guarantee that this will happen. You will have no course of redress where we have advised you that a product may or may not be provided with a particular certification, and the product does not have such certification when delivered.
13. You're responsible for making sure the details you provide are accurate
You are responsible for providing us with any information we need in respect of the products or services. For example, if we're making or supplying the product or services for specific vehicles, you're responsible for making sure we have the correct details of that vehicle.
You acknowledge and agree that you are responsible for selecting which products to buy from us and the purpose(s) for which you are buying the products. This includes where you are purchasing a product to work with a complimentary service or product provided by a third party, and we are not responsible or liable to refund you where the product you have selected and purchased is unable to be used for its intended purpose, including in circumstances where there has been subsequent termination or end of life of a complimentary service or product.
In accordance with paragraph 12 above, we will not accept orders that require products to be delivered with specific certifications until we know that our suppliers are either certified or are able to provide the certification (for example CE marketing certification).
Where you are purchasing a code or “key number” for use with a product or tool (whether the product or tool is supplied by us or not), you are responsible for ensuring that you have provided the correct detail and description for the product you will use the code for. We will not be responsible for the code not working with the product or tool if you have either provided the wrong details for the product or tool, or the product or tool has changed since the order, so that the code no longer works on that product or tool.
Find information and tips on how to obtain such information on our websites or contact our Customer Service Team (see details in paragraph 25.1 below).
14. We charge you if you don't give us information we need or do preparatory work as agreed with us
We charge you additional sums if you don't give us information we've asked for about how to provide services or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver the products or with extra manpower, reschedule services or incur wasted travel cost.
15. We may provide a software licence with your product
We may provide you with products that include software installed by the manufacturer. The software will be subject to the manufacturer’s terms and conditions, which you will be directed to when you order or when you first use the product.
16. How your products are delivered
Delivery. We will deliver products to you in accordance with our delivery options found at https://3dgroupuk.com/page/del...; We will deliver products to the location set out in the order or such other location(s) as we may agree with you at any time after we notify you that the products are ready. Delivery is completed on the completion of unloading of the products at the delivery location. The risk in the products shall pass to you on completion of delivery.
Inspection. You are required to inspect the products within a reasonable time to ensure that they have all been received, but this does not affect your rights if something is wrong with them.
Purchase of a code or “Key number”. Where you purchase a code or key number for use with a product or tool (whether the product or tool is supplied by us or not), we will deliver these by email, SMS or our online portal – and which method will be made clear to you when you order. Codes or key numbers will be delivered at the time of transmission.
17. If you are a consumer and you bought online or over the telephone, you have a legal right to change your mind
17.1. Your legal right to change your mind. For most of our products you have a legal right to change your mind about your purchase and receive a refund of what you paid for it (minus the delivery costs). You have fourteen (14) days to change your mind. This is subject to some conditions, as set out below.
17.2. When you can't change your mind. You can't change your mind about an order for:
(a) services, once these have been completed;
(b) products that are made to your specifications or are clearly personalised; and
(c) products which become mixed inseparably with other items after their delivery.
17.3. The deadline for changing your mind. If you change your mind about a product you must let us know no later than fourteen (14) days after:
(a) the day we deliver your product, if it is products, for example a key. If the products are split into several deliveries over different days, the period runs from the day after the last delivery.
(b) the day we confirm we have accepted your order, if it is for a service, for example if we are to provide services on your vehicle.
17.4. How to let us know. If you are returning products with 14 (fourteen) days, please complete our Returns Form. For services, or if you have questions about the time period to return a product or request a return outside of the 14 (fourteen) days, please contact our Customer Service Team (see details in paragraph 25.1 below).
17.5. You have to return the product at your own cost. Returns are at your own cost. You need to send the product back to us. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the products at all or within a reasonable time we won't refund you the price. For help with returns contact our Customer Service Team (see details in paragraph 25.1 below).
17.6. We only refund standard delivery costs. For example, we don't refund any extra you have paid for express delivery or delivery at a particular time.
17.7. You have to pay for services you received before you change your mind. If you bought a service (such as work on your vehicle) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
17.8. We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable for us to resell it, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team (see details in paragraph 25.1 below) can advise you on whether we're likely to reduce your refund.
17.9. When and how we refund you. If your product is a service or products that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within fourteen (14) days of you telling us you've changed your mind. If your product is products that you're sending back to us, we refund you within fourteen (14) days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
18. If you are a business customer, you can return products at our discretion
18.1. No obligation to accept discretionary returns. If you are a business customer, we are under no obligation to accept the return of products due to a change of mind or an error by you in ordering (as set out in paragraph 13).
18.2. Acceptance of discretionary returns. We may, at our absolute discretion, agree to accept a return from you for non-defective goods. Where we accept such a return, the cost of the goods will be credited to our customer account but we reserve the right to charge a restocking fee of fifteen percent (15%) of the purchase price (plus VAT). This fee covers the cost of inspection, repackaging, and administrative handling.
18.3. How to return. Any returns with business customers must be:
(a) agreed with our Customer Service Team (see details in paragraph 25.1 below) and returned with a completed Returns Form;
(b) requested within seven (7) days of delivery of the goods;
(c) returned at your own expense and risk; and
(d) received by us in an "as new" and resalable condition, in its original and undamaged packaging.
18.4. You have to return the product at your own cost. Returns are at your own cost. You need to send the product back to us. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the products at all or within a reasonable time we won't refund you the price.
18.5. Returns by consumers is dealt with in paragraph 17 and no restocking fee applies to such returns.
19. You have rights if there is something wrong with your product
19.1. Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team (see details in paragraph 25.1 below).
19.2. Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights |
If your product is goods, for example a button flip remote, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: § Up to thirty (30) days: if your goods are faulty, then you can get a refund. § Up to six (6) months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. § Up to six (6) years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is services, for example work on your vehicle, the Consumer Rights Act 2015 says: § You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. § If a price hasn't been agreed upfront, what you're asked to pay must be reasonable. § If a time hasn't been agreed upfront, it must be carried out within a reasonable time. |
19.3. Your rights if you are a business. We warrant that on delivery, and for a period of twelve (12) months from the date of delivery or such longer period that may be set out on our website for your product (the “warranty period”), any products which are goods shall:
(a) Conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
19.4. Your remedies if you are a business. Unless an exception applies (see paragraph 19.5 (Exceptions to business customers’ warranty) below) if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at your cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. Where we have agreed with you that the product is defective, we will reimburse your delivery costs. These terms shall apply to any repaired or replacement products supplied by us.
19.5. Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see paragraph 19.3 (Your rights if you are a business) above) if:
(a) you make any further use of such product after telling us it is non-compliant;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises because we followed any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
19.6. If we do not agree that there is something wrong with your product. If we do not agree that is something wrong with your product, we will notify you. Following such notification, you may collect your product from us or arrange collection from us, or we will return the product to you at your cost.
20. We can change products and these terms
20.1. Changes we can always make. We can always change a product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.
20.2. Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team (see details in paragraph 25.1 below) to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but won't receive:
(a) the product manufacturer materially changes the design of the product, so that (in our reasonable opinion) if affects how the product will operate for you; and
(b) the manufacturer is not able to provide details of CE Certification.
21 We can suspend supply (and you have rights if we do)
21.1. We can suspend the supply of a product. We do this to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product (see paragraph 20 (We can change products and these terms)).
21.2. We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than thirty (30) days you can contact our Customer Service Team (see details in paragraph 25.1 below) to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
22. We can end our contract with you
22.1. We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
(a) you don't make any payment to us when it's due and you still don't make payment within fourteen (14) days of our reminding you that payment is due;
(b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, details of the make and model of your vehicle; or
(c) you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.
23. We don't compensate you for all losses caused by us or our products
23.1. Our liability to consumers. We're not responsible for losses you suffer caused by us breaking this contract if the loss is:
(a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
(b) Caused by a delaying event outside our control. As long as we have taken the steps set out in paragraph 11 (‘We're not responsible for delays outside our control’).
(c) Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
23.2. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
23.3. Our liability to businesses. If you're a business, then, except in respect of the losses described in paragraph 23.4 (Losses we never limit or exclude):
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the products and/or services under such contract.
23.4. Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any liability that cannot legally be limited.
23.5. No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
24. We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our relevant Privacy Notice:
3D Autokeys privacy policy – https://3dautokeys.co.uk/legal/privacy-policy
3D Group privacy policy - https://3dgroupuk.com/page/legal-privacy-statement
25. You have several options for resolving disputes with us
25.1. Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products as per our Complaints policy:
3D AutoKeys Customer Service Team – [email protected] or 0115 952 2772
3D Group Customer Service Team - [email protected] or 0115 941 5333
25.2. You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
26. Other important terms apply to our contract
26.1. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact our Customer Service Team (see details in paragraph 25.1 below) to end the contract within fourteen (14) days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
26.2. You can only transfer your contract with us to someone else if we agree to this. If you're a consumer you can transfer our consumer guarantee to a new owner of the product / your vehicle. We can require the new owner to prove you transferred the product to them, for example by providing details of the sale / change in ownership of the vehicle. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
26.3. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
26.4. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
26.5. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.