Terms & Conditions
These Terms & Conditions explain the basis on which Modesty Performance Ltd supplies products to customers purchasing through our website.
Please read them before placing an order. Nothing in these terms affects your statutory rights as a consumer.
01. About Us
1.1. Modesty Performance Ltd (“we”, “us” or “our”) supplies automotive, motorsport and engineering components, including products developed under the MODESTY brand.
Company: Modesty Performance Ltd
Website: modestyperformance.com
Email: sales@modestyperformance.com
Registered office: Moss Cottage, Knaresborough Road, Little Ribston, North Yorkshire, LS22 4ET, United Kingdom
Company number: 09692396
VAT number: GB 283 4794 63
1.2. References to “you” or “your” mean the customer purchasing products from us.
1.3. A consumer is an individual purchasing goods wholly or mainly outside their trade, business, craft or profession.
02. Products & Specifications
2.1. We make reasonable efforts to ensure that product descriptions, photographs, specifications and compatibility information are accurate.
2.2. Product photographs are illustrative. Minor differences in appearance, finish or packaging may occur, provided the goods remain consistent with their description and any agreed specification.
2.3. Dimensions, materials, thread specifications, connection types and other technical information should be reviewed carefully before purchasing.
2.4. Unless expressly stated otherwise, specifications relating to individual components do not represent a guaranteed performance or pressure rating for a complete assembled system.
2.5. Products must be used within their stated specifications and for their intended applications.
2.6. Where a product is supplied as an individual component, additional fittings, hoses, seals, fasteners or installation materials may be required. Only items expressly identified in the product description are included.
2.7. We may update product designs or specifications. Goods supplied will conform to the description and specifications agreed at the time of purchase, subject to any changes agreed with you.
03. Orders & Contract Formation
3.1. Products displayed on our website constitute an invitation to purchase and not a binding offer.
3.2. By submitting an order, you make an offer to purchase the selected products.
3.3. An automated acknowledgement confirms receipt of your order but does not necessarily constitute acceptance.
3.4. A contract is formed when we expressly accept your order, normally through an order acceptance or dispatch confirmation email.
3.5. We may decline an order before acceptance, including where products are unavailable, payment cannot be authorised or a genuine pricing or listing error has occurred.
3.6. If payment has already been collected for an order we decline, we will refund the relevant amount promptly.
3.7. Please check your order details, delivery address and product selections before completing checkout.
04. Pricing & Payment
4.1. Prices are displayed in pounds sterling (GBP), unless otherwise stated.
4.2. Prices include UK VAT where applicable. Delivery charges will be displayed before the order is submitted.
4.3. Payment must be completed using an accepted payment method at checkout, unless alternative arrangements have been agreed in writing.
4.4. We may correct genuine pricing errors. If an error affects an order, we will notify you and offer the opportunity to proceed at the correct price or cancel the order.
4.5. Promotional offers, discounts and voucher codes are subject to any conditions communicated with the relevant promotion.
05. Delivery
5.1. Available delivery methods, estimated delivery times and applicable charges are displayed during checkout.
5.2. We aim to dispatch in-stock products within 1–2 working days of order acceptance. Orders placed on weekends or UK public holidays will normally be processed on the next working day.
5.3. Products that are out of stock, available on backorder or manufactured to order may require additional processing time. Where applicable, estimated lead times will be communicated before order acceptance.
5.4. Delivery times depend on the service selected and destination. Estimated delivery dates are provided for guidance unless a specific delivery date has been expressly agreed.
5.5. Unless otherwise agreed, goods will be delivered without undue delay and within 30 days of contract formation, in accordance with applicable consumer legislation.
5.6. If delivery is delayed, we will comply with your applicable legal rights, including rights to cancel where delivery obligations are not met.
5.7. Responsibility for the goods normally passes to you when you, or a person nominated by you other than the carrier, takes physical possession of them.
5.8. Ownership of the goods passes to you once payment has been received in full.
5.9. For international orders, import duties, customs charges and local taxes may apply. Where these are not included in the checkout price, this will be explained before purchase.
06. Consumer Right to Cancel
6.1. If you are a consumer purchasing goods online, you generally have the legal right to cancel your order without giving a reason.
6.2. The cancellation period expires 14 days after the day on which you, or a person nominated by you other than the carrier, receives the goods.
6.3. Where goods from one order are delivered separately, the cancellation period generally expires 14 days after receipt of the final item.
6.4. You may exercise your cancellation right by informing us of your decision through a clear statement, including by email to sales@modestyperformance.com.
6.5. You may use the model cancellation form provided at the end of these terms, but its use is not compulsory.
6.6. To meet the cancellation deadline, you must send your cancellation notification before the cancellation period expires.
6.7. Following cancellation, you must return the goods without undue delay and no later than 14 days after informing us of your decision to cancel.
6.8. Unless otherwise agreed or required by law, you are responsible for the direct cost of returning goods following a change-of-mind cancellation. This does not apply where we are legally responsible for return costs.
6.9. We will reimburse payments received for the cancelled goods, including the cost of our least expensive standard delivery option where applicable. Additional charges for premium delivery options are not refundable to the extent permitted by law.
6.10. We will make the reimbursement without undue delay and no later than 14 days after receiving the returned goods or, if earlier, receiving satisfactory evidence that they have been sent back.
6.11. Refunds will normally be made using the original payment method unless you expressly agree otherwise.
6.12. We may make a deduction for any reduction in the value of returned goods caused by handling beyond what is necessary to establish their nature, characteristics and functioning.
6.13. Installing, operating or using a component may constitute handling beyond what would ordinarily be permitted when inspecting goods in a shop. Any deduction will be based on the actual reduction in value and assessed in accordance with applicable law.
6.14. The statutory cancellation right does not apply to certain goods, including goods made to a customer’s specifications or clearly personalised, where the relevant legal exception applies. Selecting a standard product option does not automatically make an item bespoke.
6.15. These cancellation provisions do not affect your statutory rights concerning faulty, defective or incorrectly described goods.
07. Faulty or Incorrect Goods
7.1. We have a legal obligation to supply goods that conform to the contract, including applicable requirements relating to satisfactory quality, fitness for purpose and description.
7.2. If goods are faulty, damaged, incorrectly supplied or do not conform to the contract, please contact us with your order details and a description of the issue.
7.3. Photographs and supporting information may help us investigate a concern, but providing photographs is not a condition of exercising your statutory rights.
7.4. Depending on the circumstances and applicable law, you may be entitled to a repair, replacement, price reduction or refund.
7.5. Where goods do not conform to the contract, we will meet our legal obligations concerning reasonable return, collection and other necessary costs.
7.6. Your statutory rights are not affected by any manufacturer’s warranty or commercial guarantee.
08. Motorsport & Automotive Applications
8.1. Certain products supplied by Modesty Performance are designed for automotive, motorsport, performance or specialist engineering applications.
8.2. Motorsport and modified vehicle applications may involve elevated temperatures, pressures, vibration, mechanical loads and other demanding operating conditions.
8.3. Customers should ensure that the selected products are appropriate for their intended application, including compatibility with associated components and the operating conditions of the installation.
8.4. Where necessary, customers should obtain advice from a suitably qualified automotive or engineering professional before purchasing or installing a product.
8.5. Product compatibility information is provided to assist selection but should not be treated as confirmation that every vehicle, engine variant or modified installation is identical.
8.6. Unless expressly stated otherwise, our products are not represented as approved or certified for use in any particular motorsport championship, competition class or regulated application.
8.7. Customers are responsible for checking applicable vehicle, competition and regulatory requirements. Nothing in this clause reduces our responsibility for any express product claims or legal obligations.
09. Installation & Use
9.1. Modesty Performance products are intended for installation by persons with appropriate mechanical knowledge, technical competence and experience of the relevant application. We strongly recommend installation by a suitably qualified professional.
9.2. Unless expressly stated in the product listing, our products are not supplied with a comprehensive vehicle-specific installation procedure. This does not affect any safety information or instructions that we are required by law to provide.
9.3. The installer is responsible for assessing the installation requirements of the particular vehicle or system, including the selection and compatibility of associated components, appropriate assembly methods and necessary inspection and testing.
9.4. Components used in pressurised oil or fluid systems require particular care. Incorrect connections, sealing arrangements or installation practices may result in leakage, component failure or damage to associated equipment.
9.5. Products must be used within their stated specifications and must not be modified or used for an unsuitable application.
9.6. We are not responsible for damage caused solely by incorrect installation, misuse, unauthorised modification or use outside stated specifications, where the damage is not attributable to defective goods, inaccurate information supplied by us or another breach of our legal obligations.
9.7. Nothing in this section excludes or restricts any statutory rights or liability that cannot lawfully be excluded.
10. Technical Information & Assistance
10.1. We may provide general technical information, product guidance and installation-related assistance.
10.2. Unless expressly agreed otherwise, such assistance does not constitute a complete engineering design, vehicle inspection, installation service or certification of a finished system.
10.3. Technical information should be considered alongside the specific requirements of the application and any relevant professional advice.
10.4. We will exercise reasonable care when providing technical information and remain responsible for our legal obligations concerning statements, specifications and advice on which customers reasonably rely.
11. Warranties & Guarantees
11.1. Any commercial warranty supplied with a product will be described in the relevant product documentation or listing.
11.2. Where products are supplied with a manufacturer’s warranty, the applicable warranty conditions will be made available where appropriate.
11.3. Unless expressly stated, we do not provide an additional voluntary commercial warranty beyond your statutory rights.
11.4. Normal wear, misuse, accidental damage and damage caused by improper installation are not automatically manufacturing defects.
11.5. Nothing in this section restricts your statutory rights, including rights under the Consumer Rights Act 2015.
12. Liability
12.1. Nothing in these Terms & Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded or restricted.
12.2. We remain responsible for losses that are a foreseeable consequence of our breach of contract or failure to exercise reasonable care and skill, subject to applicable law.
12.3. We are not responsible for losses caused solely by circumstances outside our reasonable control, or by incorrect installation, misuse or unauthorised modification, where we have not breached our legal obligations.
12.4. Where goods are purchased by a consumer, we do not accept liability for losses arising exclusively from commercial or business activities, such as loss of business profits, to the extent permitted by law.
12.5. Nothing in these terms restricts remedies available to consumers under applicable consumer protection legislation.
13. Business Purchases
13.1. These terms are intended for consumers purchasing goods wholly or mainly outside their trade, business, craft or profession.
13.2. Business customers do not automatically benefit from consumer-specific rights, including the statutory 14-day distance-selling cancellation right.
13.3. Business purchases may be subject to separate Business Terms & Conditions, provided those terms are incorporated into the contract before or when it is formed.
14. Events Outside Our Reasonable Control
14.1. We are not responsible for delays or failures caused by events outside our reasonable control, provided we take reasonable steps to minimise their impact.
14.2. If such circumstances affect an order, we will notify you where reasonably practicable.
14.3. Your statutory rights, including applicable rights relating to delivery and cancellation, remain unaffected.
15. Complaints & Disputes
15.1. We aim to resolve customer concerns fairly and promptly.
15.2. Complaints should be submitted to sales@modestyperformance.com, including relevant order details.
15.3. We aim to provide an initial response within five working days.
15.4. These terms are governed by the laws of England and Wales, subject to any mandatory consumer protections applicable in your place of residence.
15.5. Consumers residing in Scotland or Northern Ireland retain applicable rights to bring proceedings in their local courts.
16. Changes to These Terms
16.1. We may update these Terms & Conditions from time to time.
16.2. The version applicable to an order will generally be the version in effect when the relevant contract was formed, unless a subsequent change is agreed or required by law.
16.3. Changes will not retrospectively remove rights or obligations arising under an existing contract.
17. Model Cancellation Form
Complete and return this form only if you wish to cancel your contract. You may alternatively notify us by email or another clear statement.
To: Modesty Performance Ltd
Email: sales@modestyperformance.com
Returns address: Moss Cottage, Knaresborough Road, Little Ribston, North Yorkshire, LS22 4ET, United Kingdom
I/We hereby give notice that I/we cancel my/our contract of sale of the following goods:
Product(s):
Order number:
Ordered on / received on:
Customer name:
Customer address:
Signature (paper forms only):
Date:
These Terms & Conditions should be read alongside our Shipping Policy, Returns Policy and Privacy Policy. Nothing in those policies overrides mandatory consumer rights.
