Booking Terms And Conditions

Please read the following important terms and conditions before you book any services on our website / via telephone and check that they contain everything you want and nothing that you are not willing to agree to. Your attention is particularly drawn to clause 4 (which contains information on the limits of the services we provide and their impact on your vehicle), clause 10 (which contains information on situations where we are not at fault) and clause 11 (Limitation on our liability)

Summary of your key legal rights

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.

In these terms:

‘we’, ‘us’ or ‘our’ means Tuning Lab London and
‘you’ or ‘your’ means the person using our site to buy services from us.
If you have any questions about these terms or any orders you have placed, please contact us by:

sending an email to info@tuninglablondon.co.uk; or
filling out and submitting the online contact form available here Contact | Tuning Lab London; or
calling us on +447396 801865(our telephone lines are open Tuesday to Saturday: 9 am to 6 pm).

Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

Your use of our site is governed by our Website Terms of Use

Introduction

If you buy services on our site / via Telephone you agree to be legally bound by these terms.
We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

Your privacy and personal information

Our Privacy Policy is available at Privacy Policy | Tuning Lab London
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Ordering services from us

Below, we set out how a legally binding contract between you and us is made.
You place an order on our website or via telephone. If you place your order on our website, please read and check your order carefully and correct any errors before submitting it.
When you place your order, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
When you place your order, we will ask you to make an initial payment towards the cost of the services but this doesn’t mean that we have accepted your order. Placing an order means that you are agreeing to pay us for the services.
If we don’t accept your order, for example because we’re unable to take payment, the services are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the services, we will email you using the details you provided when you placed your order and refund any payment you have made by the method you used for payment. We have the right to reject any order for any reason.
All orders are subject to availability. We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a refund of any advance payments made by you for any services that have not yet been provided.
We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
a legally binding contract will be in place between you and us; and
we will provide the services as agreed during the online checkout process or via telephone.
If you are under the age of 18 you may not buy services from our website or via telephone.

Providing services and the limits of our services

Descriptions of our services are set out on our site but please read the following provisions about our services and what we do and don’t do for you carefully:
We don’t provide any mechanical services. We don’t carry out repairs to vehicles (or parts of vehicles) at all or perform any investigation or diagnostics outside of the tests we carry out on your software and (if requested or if we consider them necessary) the dynamometer testing and data logging. Our only services relate to the software in your vehicle and diagnostic services to help us to know what your vehicle needs with regard to its software.
The nature of the services is that they are intended to create a situation where your vehicle performs at a higher level than before the services are performed but we can’t guarantee this outcome or any other result for a particular vehicle. Our aim is to provide you with the services by using reasonable care and skill. Our software is designed to be used on vehicles whose components are healthy and in full working order per the manufacturer’s specification. We can change the software in your vehicle, but every vehicle is different:
each vehicle we see will have been maintained differently and therefore has different wear and tear to it at the time the services are performed. In some cases, the wear and tear to one or more parts in the vehicle could be such that the tuning we carry out for you requests various drivetrain components to work slightly harder and doing so can push a worn component over its physical limits. If this happens, we are not responsible for the breakage, repair, replacement or any other kind of rectification of that worn component or any other component.
every vehicle will have different manufacturer’s tolerances in it. Because of this, one vehicle that is in perfect working order may, when being compared with a vehicle that is also in perfect working order, produce different results in a performance test.
We can’t be responsible for anything that happens to your vehicle while we are providing the services except to the extent set out in these terms.
We don’t test your vehicle before or after we provide the services (unless we agree to test your vehicle on a dynamometer before providing the services and the outcome of that test suggests that our services may improve your vehicle’s performance).
You must follow any instructions we give you in relation to your vehicle before and after we provide the services to you.
We will perform the services during normal business hours from Tuesday to Saturday 9 am to 6 pm unless agreed otherwise. Our business hours can be found on our website.
If we’re unable to complete the services on the agreed date because you have failed to follow any instructions we have given you in relation to the services or your vehicle or if you’ve failed to let us have access to your vehicle when we need it (or a situation arises where we can’t access your vehicle for reasons beyond our control), we will not be able to complete the services on that date and you will still have to pay the full price for the services.
If you don’t provide us with the information we need to provide the services, we may delay or suspend the services until you provide us with the necessary information. We will not be responsible for any delays or suspensions caused by your failure to provide us with the necessary information.
If you don’t pay us any advance payment due under these terms, we may refuse to provide the services and you will not be able to reschedule the services without paying us the full price for the services.

Your obligations to us

You must provide us with access to your vehicle at the agreed time and place for us to provide the services. You must ensure that your vehicle is in good working order and complies with the requirements of our health and safety policy.
If you don’t provide us with access to your vehicle, or you don’t provide us with the information we need to provide the services (for example, you don’t let us have the vehicle keys, the owner’s manual or anything else we ask you for), we may suspend the services until you do so. We will not be responsible for any delays caused by your failure to provide us with access to your vehicle or the necessary information.

Prices

The prices of the services will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of the services are correct at the time when the relevant information was entered onto the system.
Prices for our services may change from time to time, but changes will not affect any order you have already placed.
The price of the services excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the services in full before the change in VAT takes effect.
The price of the services excludes the booking fee but includes the first 15 minutes of diagnostic time (or 30 minutes if the services were carried out on the same day as a booking fee was paid). Any time spent on diagnostics after the first 15 minutes (or 30 minutes if the services were carried out on the same day as a booking fee was paid) will be charged at our hourly rate.
It is always possible that, despite our best efforts, some of the services we provide may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

Payment

You must pay the full price of the services at the time of booking. If you haven’t paid the full price of the services at the time of booking, we won’t provide the services to you until you do. You can pay for the services using a debit card, credit card or PayPal. We accept the following cards: Visa, Mastercard and American Express.
If you don’t pay the full price of the services at the time of booking, you will lose the right to cancel the services under clause 8.
We will charge your debit card, credit card or PayPal account for the full price of the services at the time you submit your order.
We will not charge your debit card, credit card or PayPal account until we have accepted your order.

Your right to cancel

If you’re a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive or keep the services, you can notify us of your decision to cancel the contract and receive a refund.
However, this cancellation right does not apply in the case of:
any services which are not suitable for return due to health protection or hygiene reasons (for example, the performance services);
any services which have been carried out or have been completed by us;
any services which are made to your specifications or are clearly personalised; or
any services which become mixed inseparably with other items after their delivery.
Your legal right to cancel a contract starts from the date of the Confirmation Email (the date on which we email you to confirm our acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract
End of the cancellation period

For services
After the services have been completed, we will have deemed the contract to be fully performed and you won’t be able to cancel the contract for a refund.
To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us by email at info@tuninglablondon.co.uk or by calling us on 01234 480809. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
If you cancel your contract with us after the cancellation period set out above, we will not refund any advance payment made by you for the services. However, if we accept your cancellation request after the cancellation period set out above, we may provide you with a partial refund at our discretion.

Our right to cancel

We reserve the right to cancel a contract for services if you don’t pay us any advance payment when it is due or if you don’t provide us with access to your vehicle when we need it or if you don’t provide us with the information we need to provide the services, subject to the provisions of clause 6.2. If we cancel a contract for services in these circumstances, we will not provide the services and we may not provide you with a refund.
We reserve the right to cancel a contract for services at any time by writing to you if:
we have to cancel the contract to comply with any legal or regulatory requirements; or
we have reasonable grounds to believe that you may not comply with any of your obligations under the contract.
If we have to cancel a contract for services under clause 9.2 and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for services that is caused by an Event Outside Our Control (which means any act or event beyond our reasonable control). If an Event Outside Our Control takes place that affects the performance of our obligations under a contract for services:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a contract for services will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of services to you, we will arrange a new date for performance of the services with you after the Event Outside Our Control is over.
You may cancel a contract for services affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to pay for any services provided up until the time you cancel.

How to complain

We are committed to providing high-quality services to all our customers. For that reason, we take complaints very seriously. If you have any questions or complaints about your services, please contact us by email at info@tuninglablondon.co.uk or by calling us on 01234 480809.
If you wish to make a complaint, please provide us with the following information:
your name and address;
details of the services you bought; and
the nature of your complaint.
We will acknowledge receipt of your complaint within 48 hours and will tell you when we expect to provide you with a full response. We aim to resolve all complaints as quickly as possible and to your complete satisfaction. However, in some cases, our investigation may take longer, depending on the nature of the complaint. If this is the case, we will provide you with regular updates.
If we are unable to resolve your complaint, you may refer your complaint to an Alternative Dispute Resolution (ADR) provider. We are not currently a member of any ADR scheme.

Other important terms

We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
The provisions of these terms are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms is not subject to the consent of any third party.

Details of our services

The key features of the services can be found on our website.

Prices for our services

The prices of the services will be as quoted on our site at the time you submit your order.

Delivery costs

The costs of delivery are included in the price of the services.

How to pay

You can pay for the services using a debit card, credit card or PayPal. We accept the following cards: Visa, Mastercard and American Express.

Our services warranty

We guarantee that, on delivery, the services will be free from material defects for a period of 12 months (Warranty Period) provided that you follow our instructions in relation to the services. This means that, if your services are defective, we will, at our discretion, either repair or replace the defective services, or provide you with a refund of the price of the defective services.

Manufacturer warranty

Some of the services we offer come with a manufacturer’s warranty. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty provided with the services.

Our liability if you are a business

This clause 11 only applies if you are a business customer.
We only supply the services for internal use by your business, and you agree not to use the services for any resale purposes.
Nothing in these terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective services under the Consumer Protection Act 1987.
Subject to clause 11.3, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 11.3, our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the services.
Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the services are suitable for your purposes.

Our liability if you are a consumer

This clause 12 only applies if you are a consumer.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We only supply the services for domestic and private use. You agree not to use the services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective services under the Consumer Protection Act 1987.

Copyright Notice

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on our site and all content (including all applications) located on the site shall remain vested in us or our licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use our content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any our content except for your own personal, non-commercial use. Any other use of our site’s content requires the prior written permission of us.

Links to Other Websites

Our site may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

General

If any provision of these terms and conditions is found to be illegal, invalid or unenforceable, then to the extent it is illegal, invalid or unenforceable, that provision shall be severed and deleted without affecting the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure or delay by Tuning Lab London in enforcing or partially enforcing any provision of these terms and conditions shall not be construed as a waiver of any of its rights under these terms and conditions.
Tuning Lab London may assign, transfer or otherwise deal with its rights and obligations under these terms and conditions, in whole or in part, at any time without notice to you.
You may not assign, transfer or otherwise deal with any of your rights and obligations under these terms and conditions without our prior written consent.
A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).