Terms and Conditions

Company number: 07476052

1. In General

Access to and use of this Website and the products and services available through this Website (collectively, the ‘Services’) are subject to the following terms, conditions and notices (the ‘Terms of Service’). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

This Website also contains links to other websites, which are not operated by bmstechnologies.co.uk (the ‘Linked Sites’).  Batterymegastore.co.uk has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

We try our best to specify the correct car battery via our database however there may on occasions be errors due to various situations we do advise that polarity and dimensions are checked in order to ensure the correct battery is issued. Our data is not compatible to imported vehicles.

2. Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as ‘spam’; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Batterymegastore.co.uk will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

3. Intellectual Properties, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of bmstechnologies.co.uk or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by bmstechnologies.co.uk and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

4. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with bmstechnologies.co.uk you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be bmstechnologies.co.uk or may in some cases be a third party. Where a contract is made with a third party bmstechnologies.co.uk is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund, if the goods are despatched then there may be a cancellation charge of carriage of up to £30.00.

(c) Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

(d) Discount Codes

Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.

The conditions of use relating to any discount code will be specified at the time of issue.

(e) Delivery

We will only deliver to addresses within the United Kingdom.

We do everything we can to meet the delivery time specified in this section, however occasionally delivery times may be affected by factors beyond our control and cannot be guaranteed. We offer a Next Working Day Delivery service based on orders placed before 4.30pm Mon – Fri.

We will inform you if we become aware of an unexpected delay. Please note that if your order is made up of a combination of items, deliveries may, on occasion be made separately. Any issues with the items we must be notified within 7 days of the delivery. Risk in the goods will pass to you on delivery. We reserve the right to alter or amend delivery times in exceptional circumstances.

Please note if no-one is home to accept delivery on two occasions your item will be held in the depot until you contact us. If this does happen there are two options, we can rearrange delivery but there will be a fee of £12 to pay. Alternatively we can arrange for the parcel to be returned to our warehouse and you will be refunded minus £12

Any orders that are refused upon delivery and returned to us will be refunded minus £15

(i) Delivery – Battery Chargers/Inverters/Accessories

For delivery of these items we use the Royal Mail and are able to deliver to all the British Isles.

(ii) Delivery – Batteries

For the delivery of Batteries we use UK Mail. Unfortunately this means we are unable to deliver to the following areas:

5. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law bmstechnologies.co.uk and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect bmstechnologies.co.uk liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

6. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

7. Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with bmstechnologies.co.uk and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to bmstechnologies.co.uk.

8. Variation

Batterymegastore.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

9. Invalidities

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

10. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

11. 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.

12. Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

 13. Price Match terms

1. The competitor must have the item in stock in the UK
2. That you supply a current UK internet address to the product.
3. Special offers / prices are excluded.
4. The competitor must offer and be able to deliver the battery to you.
5. The price match request must be approved before submitting your order.
6. The request is not against a product on an auction site.
7. The competitor is a bona fide registered business in the UK.
8. The item must be identical i.e. same brand and construction

14. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and bmstechnologies.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Manager of bmstechnologies.co.uk.

15. Service Restrictions

BMS Technologies LTD can restrict the services and benefits to customers of which he or she is entitled, or impose conditions under which they will be made available. Action may be taken in the following circumstances:

1. If reasonable usage levels are exceeded
2. If a customer behaves in a threatening or abusive manner towards BMS Technologies LTD staff or agents
3. If a customer has falsely represented that they are entitled to services that they are not entitled to.

16. Invoices/Guarantee

Invoices for orders placed with us are automatically sent to you via email when the payment has been confirmed.

This email is proof of your purchase and guarantee so MUST be kept safe in order to claim under our warranty procedure or obtain further assistance with your product.

17. Warranty

What is covered under the warranty?

The warranty on your battery covers all faults caused by manufacturing or materials.

This mainly includes:

• Loss of capacity/CCA whilst fully charged – This will be indicated by a battery test report
• Internal cell failure – This will also be indicated by a battery test report

What is NOT covered under the warranty?

The following faults are not covered under the warranty:

• Wear and tear
• Incorrect application
• Physical damage
• Overcharging – Any voltage under 10.5 volts will not be processed as a warranty claim as this indicates more than 100% discharged
• Deep or over cycling
• Sulfation

Wear and Tear – When a battery is charged and discharged, material from the battery plates (active mass) is in motion, through the electromechanical reaction that produces electricity. Every time a battery goes through a charge-discharge cycle, a small amount of this active mass is lost from the plates. Due to so many factors impacting on the life of a battery, it is impossible to stipulate a minimum or maximum life expectancy.

Every battery has a finite number of cycles that it can go through before it loses its active mass, and in turn, its capacity. Vehicles with high usage such as buses, minibuses, taxis, and trucks, will often put a battery through this finite number of cycles over a much shorter amount of time, causing a battery to show the above symptoms after only 12-24 months. This is not a manufacturing fault.

Incorrect Application – The car batteries recommend via the VRN checker on www.bmstechnologies.co.uk are equal to or above the original manufacturer equipment specification. Fitting a smaller or less powerful battery, or the incorrect type of battery to your vehicle will result in a shortened lifespan and premature failure. This is not a manufacturing fault.

Physical Damage – Any physical damage that occurs to the battery terminals or casing due to improper fitment, if the battery is dropped, if any connectors are hammered on to the terminals, or if connectors are not properly fastened, the battery may fail rapidly. This is not a manufacturing fault. **If your battery is damaged when it arrives with you then please let us know within 48 hours of receiving your delivery. Any claims made after this time will not be accepted**

Overcharging – If a battery is charged at an excessive current or voltage then it may overheat and the electrolyte inside will start to evaporate. This overcharging will cause an accelerated break-up of the active mass of the plates and the battery will lose performance.

This is usually very obvious as there will be a strong smell of Sulphur (rotten eggs) when charging the battery. When off charge the acid levels will be low and there may be a black coating on the filler caps. This is not a manufacturing fault.

Deep or Over Cycling – This happens if your car engine is switched on and off frequently, or you leave the interior lights, headlights, or other electrical consumers on for extended periods between journeys. Remember to completely switch everything off before locking your vehicle.

As mentioned above, every time a car battery goes through a charge and discharge cycle a small amount of material from the plates is lost. If a car battery is subjected to deep discharging (over 40%) and then rapid charging, this process is accelerated. This is not a manufacturing fault.

Sulfation – Sulfation occurs when a battery is allowed to stand in a discharged state for an excessive amount of time. When a battery voltage drops below a certain level, a chemical reaction known as sulfation takes place. In most cases, this voltage is at or below 12.06v. Sulfation is normally irreversible, and can permanently impair the performance of the battery, causing reduced performance and premature failure. Sulfation can be seen as a fine white/grey coating on the plates.

This damage can be caused if a battery is stored for long periods without charging, or installed in applications that are not frequently used, i.e. tractors, boats, and motorbikes. Vehicles are prone to discharging batteries as there is always a permanent drain from vehicle clocks, alarms etc. Over time, sulfation will build up on the plates, and hinder the performance of the battery.

Under normal operating conditions a battery cannot become discharged on its own (unless left for a long period of self-discharge). The reason for this discharge is normally caused by one of the following:

• malfunctioning alternator, regulator, or starter motor
• slipping fan belt
• electrical fault
• excessive use of electrical items such as heated seats, air conditioning etc
• long standing time without recharge
• boot light/glove box malfunction
• vehicle lights being left on

As sulfatation is easily avoided by simply keeping your battery charged, this is also not a manufacturing fault.

Claiming under the warranty

Before returning any products to us please call us on 01684 298800 or email us at [email protected] for an RMA Number or assistance as we may be able help resolve your problem.

All products returned to us will need to be sent with a completed RMA Form in the box with the product.

Warranty Procedure

If you think that your battery is faulty, you need to fully charge the battery with an appropriate charger – Please note that an over discharged (flat) battery may not accept a charge from a number of standard battery chargers – This is not a fault with the battery itself.

Once the battery has been fully charged (12.73 volts for a standard lead acid battery or 13.0 volts for an AGM battery) this may well solve the issue

If it still appears to not be performing as expected we would request you obtain a test report on the battery (minimum voltage accepted for a test report received will be 12.5 volts – Anything under 12.5 volts will be rejected as the battery is undercharged)

Once a test report has been obtained please e-mail this to [email protected] (please note any costs incurred for testing or investigation work will not be refunded)

Alternatively  you can return it to us for testing

• Call us with your invoice / order number, we will then take a £20 deposit and collect your battery for testing
• We will then charge and test the battery, we may also need to return some items to our suppliers for testing.
• If the battery is faulty, we will refund your deposit and (if applicable subject to your warranty) send you a new battery or a credit against a new battery.
• If your battery is not faulty, we will send the battery back to you or we can safely dispose of the battery.

You can drop the battery off to us in store for testing in person where we can run an initial test while you wait, depending on the battery condition you may then need to leave the battery with us for a period while we charge / test / or attempt to recover the battery, some batteries may need to be returned to the manufacturer for testing. Once the battery is tested you will then need to return to collect the battery.

All specialist batteries (non-automotive) may need to be returned to the manufacturer for testing.

Power Electronics Warranty

All Sterling and Victron power electronics will need to be returned (with a completed RMA form) to be tested either with us or with the manufacturer. These will then be repaired or replaced and sent back out to you.

Hankook Leisure Batteries

The warranty of Hankook Leisure Batteries is reduced if used for the following applications:

• Live Aboard usage: 1 Year
• Commercial and Industrial usage: 1 Year
• Electric fence usage: 6 Months

If you believe yourself to have more than one faulty battery please contact our technical team for assistance before proceeding with the above on 01684 298800.

Please note we are unable to proceed with a warranty claim if the faulty battery has been disposed of prior to notifying us of a potential fault.

If a replacement battery is purchased before a warranty claim is raised we are unable to proceed with your claim and will not process a refund for the battery purchased.

BMS Technologies LTD are not responsible for any third party claims resulting from a faulty item. The faulty item will be replaced but third party losses cannot be claimed.

18. Cooling Off Period

On any purchase you make from our website you are entitled to a 7 day cooling off period from day of delivery, in which you can receive a full refund as long as battery is not used. You must provide cancellation in writing via Fax, Email or post within these 7 days. The cost of a returning the battery on any cancelled order is down to the customer to cover.

19. Waste Battery Regulations

Under the Waste Battery Regulations, BMS Technologies LTD are now offering a take back scheme for all portable waste batteries, you can return your waste batteries to our business premises in person.

Alternatively, you can find your local waste portable battery recycling facility at www.recyclenow.com

Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible.

20. WEEE

With effect from July 2007, the UK’s Waste Electrical and Electronic Equipment (WEEE) Regulations require that all producers of electrical equipment are now obliged to pay for these items to be recycled when they become waste. These regulations also require that
all retailers both actively assist in delivering a UK wide WEEE collection infrastructure and encourage the participation of consumers in recycling electronic equipment. So that you can get your waste electrical goods recycled, we have contributed towards a national fund to assist local councils to further develop their existing waste electronics collection facilities, which will in turn allow producers of this equipment to meet their obligations. To remind consumers to recycle, all electrical items sold now carry the ‘crossed out wheeled bin’ symbol.

Not all council sites are suitable to collect all types of waste electrical goods but to find out your nearest participating site (including other collection facilities that may not be operated by the council) and for advice on all aspects of recycling at home, please visit
www.recycle-more.co.uk.