Website Terms and Conditions of Sale
1.1 In these Conditions, the following definitions shall apply:
Tyre Spot: Tyre Spot Ltd (registered in England and Wales with company number 2854187 with the registered office address of Drum Road, Birtley, Chester le Street, Co. Durham, DH3 2AF;
Website: means the website published at www.tyrespot.co.uk
Conditions: the terms and conditions set out in this document as amended from time to time for the website for the sale of tyres and tyre fitting services;
Contract: the contract between Tyre Spot and the Customer for the sale and purchase of the Goods in accordance with these conditions;
Customer: the person or firm who purchases the Goods from Tyre Spot Ltd;
‘Customer’s Order’ means an order from the Customer submitted to Tyre Spot Ltd through the Tyre Spot website by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the Tyre Spot website;
Force Majeure: means any event beyond a party’s reasonable control, which by its nature could not have been foreseen or if it could have been foreseen, was unavoidable, including: strikes; lockouts; or other industrial disputes (whether involving employees of Tyre Spot or of a third-party); failure of energy sources or transport network; acts of God; war; explosion; flood; fire; lightning strike; earthquakes; epidemics or similar events; riots; accident; sabotage; insurrection; civil disturbance or requisition; import or export regulations or embargoes, difficulties in obtaining raw materials, labour, fuel, parts or machinery;
Fully Fitted Service: means the service provided by Tyre Spot for the sale of tyres to Customers via the Tyre Spot website and the subsequent arranging of fitting of such tyres to Customers’ vehicles using Tyre Spot depots;
Goods: the tyres (including any fitting of the tyres or any parts for them) or services which Tyre Spot is to supply in accordance with the Order;
Order Confirmation: confirmation in writing by Tyre Spot of acceptance of the Customer’s Order, issued prior to supply of the Goods to the Customer;
Writing: includes electronic mail, facsimile transmission or comparable means of communication.
- The contract
2.1 Tyre Spot shall sell and the Customer shall purchase the Goods in accordance with the Customer’s Order and Order Confirmation, subject to these Conditions.
2.2 The Order constitutes an offer to purchase the Goods in accordance with these conditions. You are responsible for ensuring that the terms of the Order and any specification submitted by you are complete and accurate.
2.3 The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the Tyre Spot website constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon Tyre Spot to sell any item to the Customer.
2.4 The Order shall only be deemed accepted by Tyre Spot when the Goods have been paid for and the Goods have been fitted or dispatched. An email, order confirmation or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by Tyre Spot of your order.
2.5 Any advice or recommendation given by Tyre Spot or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by Tyre Spot is followed or acted upon entirely at the Customer’s own risk, and accordingly Tyre Spot shall not be liable for any such advice or recommendation which is not so confirmed.
2.6 Whilst every effort is made by Tyre Spot to ensure no such error or omission occurs, any typographical, clerical or other error or omission in any sales literature, price list, website text, acceptance of offer, invoice or other document or information issued by Tyre Spot shall be subject to correction without any liability on the part of Tyre Spot.
- Product Information
3.1 Products are described on the Website.
3.2 Tyre Spot reserves the right to change the Goods or any relative specifications (whether such specifications have been submitted by the Customer in the Customer’s order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of Tyre Spot.
3.3 Subject to Clause 8.1, the Customer’s Order may not be cancelled by the Customer after the Order Confirmation has been issued except with the agreement in Writing of Tyre Spot and on terms that the Customer shall indemnify Tyre Spot in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Tyre Spot as a result of cancellation by the Customer of the Customer’s order.
3.4 In the event that there are any errors regarding price or description, Tyre Spot reserves the right to correct that price or description and notify you accordingly. In these circumstances it will be deemed that a contract has not been entered and you will not be bound by your purchase.
- Price Information
4.1 The price of the Goods is the price specified by Tyre Spot in the Order Confirmation.
4.2 Tyre Spot reserves the right, by giving notice to the Customer at any time before issuing of the Order Confirmation, to increase the price of the Goods to reflect:
- any increase in the cost to Tyre Spot which is due to any factor beyond the control of Tyre Spot (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture);
- any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Tyre Spot adequate information or instructions.
4.3 The price of the Goods is inclusive of VAT. Tyre Spot’s VAT number is 708 1363 49.
- Payment Information
5.1 Tyre Spot shall be entitled to payment in full for the price of the Goods (including VAT). Tyre Spot accepts online payment by most major credit or debit cards registered at UK addresses or by paypal registered to UK addresses. In addition, Tyre Spot accepts payment by cash at the Tyre Spot depot undertaking the fitting of the purchases.
5.2 The Customer shall be obliged to pay the price of the Goods on the date of the Customer’s Order if there is an online payment or if there is not an online payment, on the date of Goods being fitted. Receipts for payment will be issued.
5.3 If the Customer fails to make any payment by the relevant due date or if payment is declined or not authorised by the issuer of the Customer’s credit/debit card, Tyre Spot will not be liable for: any delay; non-delivery; suspension of the Contract; any bank charges that may be incurred by the Customer if sufficient funds are not available at the time when payment is taken.
- Delivery of Goods
6.1 The delivery of the Goods shall be made by Tyre Spot to the fitting centre specified in the Order Confirmation or such other address as shall be approved of in advance by Tyre Spot.
6.2 Any dates quoted for delivery and/or fitting of the Goods are approximate only and not guaranteed and Tyre Spot shall not be liable for any delay in delivery and/or fitting of the Goods howsoever caused. Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by Tyre Spot in Writing.
6.3 If the Customer fails to take delivery of the Goods or fails to give Tyre Spot adequate instructions in the Customer’s Order then, without prejudice to any other right or remedy available to Tyre Spot, Tyre Spot may: store the Goods until actual delivery; or return the Goods to Tyre Spot Head Office. The customer is not usually charged for any costs incurred.
7. Risk and Property
7.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time when the Customer is notified that the Goods have been fitted and are ready for collection.
8. Refunds or Returns
8.1 For Fully Fitted Services and subject to Clause 8.2, before the arranged fitting date, the Customer shall be entitled to cancel the Contract and receive a full refund (where the goods have been paid for). Tyre Spot can be contacted for an accurate cost on returning goods as costs may vary depending on tyre specification and location.
8.2 Subject to Clause 8.1, refunds to the Customer are entirely at the discretion of Tyre Spot. In the event that Tyre Spot, in their sole discretion, grant a refund to a Customer, any costs incurred by Tyre Spot in procuring that refund shall be borne by the Customer.
9.1 Nothing in these conditions shall limit or exclude Tyre Spot’s liability for:
9.1.1 any defect in the Goods arising from any inaccuracy in the Customer’s Order. Tyre Spot shall have no liability for errors in any Customer’s Order and any loss (or otherwise) that may arise therefrom.
9.1.2 any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence, abnormal working conditions, failure to follow Tyre Spot’s instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without Tyre Spot’s approval.
9.3 All warranties are non-transferable and only apply to the original Customer.
9.4 Subject to Clause 8.1, if delivery is not refused, and the Customer does not notify Tyre Spot in accordance with Clause 9.3, the Customer shall not be entitled to reject the Goods and Tyre Spot shall have no liability for such defect or failure.
9.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Tyre Spot in accordance with these Conditions. Tyre Spot will contact the manufacturer on the customer’s behalf. At Tyre Spot’s sole discretion and dependent on the response from the manufacturer, Tyre Spot may refund to the Customer the price of the Goods (or a proportionate part of the price), but Tyre Spot shall have no further liability to the Customer or any other person.
9.6 Except in respect of death or personal injury caused by Tyre Spot’s negligence, Tyre Spot shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Tyre Spot, its employees or agents or otherwise) which arise out of or in connection with the supply or fitting of the Goods or their use or resale by the Customer, and the entire liability of Tyre Spot under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
10. Insolvency of customer
10.1 If the customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt (or being a company) becomes subject to an administration order or goes into liquidation (otherwise that for the purposes of amalgamation or reconstruction), has a receiver, liquidator or administrator appointed over any of its property or assets, ceases or threatens to cease, to carry on business, or if Tyre Spot reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly, then without prejudice to any other available right to remedy, Tyre Spot shall be entitled to cancel the contract or suspend any further deliveries without any liability to the customer and if the goods have been delivered but not paid for, the price of the goods shall become immediately due and payable in full not withstanding any previous agreement to the contrary. Tyre Spot are entitled to cancel the customer’s order in respect of any goods that have not been paid for in full (whether or not the same have been delivered to the customer) by giving notice to the effect to the customer and to enter upon the premises of the customer and recover all goods supplied by the Company remaining on the premises.
- Complaints and queries
11.1 If you are not happy with any aspect of our online service, discover a fault with the website or if you have any queries or comments relating to an order placed online, please contact us (firstname.lastname@example.org) and we will do everything we can to help.
12.1 The Contract shall be governed by the law of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.