Retail Terms and Conditions of Sale – Web Sales Version
Retail Terms and Conditions of Sale – Web Sales Version
1.1 In these Terms:
Event Outside Our Control has the meaning given in paragraph 14;
Order Acknowledgement meansthe email acknowledging receipt of your order placed via the Site;
Installation Centre means the installation centre specified in the Order Acknowledgement;
Installation Date means the date for installation of the Tyres specified in the Order Acknowledgement;
Site means our website at http://www.protyre.co.uk;
Terms means the terms and conditions set out in this document;
Tyres means the tyres that are the subject of the Order Acknowledgement;
writing or written includes e-mail but not faxes.
1.2 Headings do not affect the interpretation of these Terms.
2. About Us
2.1 We operate the Site. We are Micheldever Tyre Services Limited, trading as “Protyre”. We are a company registered in England and Wales under company number 01817398 and with our registered office at Micheldever Station, Winchester, Hampshire SO21 3AP, which is also our main trading address. Our VAT number is 876335394.
3. Application of These Terms
3.1 These Terms apply to orders placed through the Site. Orders placed by other means (for example, by telephone or in person) are governed by our standard “Retail Terms and Conditions of Sale”.
4. The Contract Between You & Us
4.1 These Terms set out the terms of the contract between you and us for the sale of the Tyres. Please ensure that you read and understand these Terms, because you will be bound by them once a contract comes into existence between us, in the manner described in paragraph 4.5.
4.2 In particular, please note that any descriptions or illustrations of the Tyres published on the Site are published solely to provide you with a general description of the Tyres. They do not form part of the contract between you and us for the sale of the Tyres. This does not affect our warranty in paragraph 10.1.
4.3 The order process on the Site allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.4 An order placed by you via the Site is an offer by you to enter into a binding contract with us on these Terms. We will send an Order Acknowledgement to you by email to the address you provided when you placed the order. Please note that the Order Acknowledgement does not constitute acceptance by us of your order.
4.5 We will accept your order and these Terms will become binding on you and us when we deliver the Tyres (in the manner described in paragraph 9). The contract between us will only be formed when we accept your order in this way.
4.6 Please note that you may only purchase Tyres through the Site, and we will only accept your order, if you are at least 18 years old.
5. Your Right To Cancel
5.1 You may, at any time before the contract between us is formed, amend or cancel your order by providing us with written notice. If you do so, we will refund to you the payment taken at the time you placed the order.
6. Changes To These Terms
6.1 We may revise and amend these Terms from time to time, and revised versions will be posted on the Site. You will be subject to the version of these Terms which were published on the Site at the time that you placed your order.
6.2 We will only change these Terms in response to:
6.2.1 a change in the law;
6.2.2 action by a regulator or government authority;
6.2.3 a change in the nature or operation of the Site or the products sold through the Site; or
6.2.4 legal advice.
7. Price and Payment
7.1 Payment for the Tyres will be collected at the time you place the order. We accept payment by the methods set out on the Site.
7.2 The price of the Tyres will be the amount set out in the Order Acknowledgement. Prices advertised on the Site are liable to change at any time, but price changes will not affect your order once we have sent an Order Acknowledgement.
7.3 The price of the Tyres includes VAT and installation.
7.4 It is always possible that, despite our reasonable efforts, the Tyres may be incorrectly priced on the Site. If we discover an error in the price of the Tyres you have ordered we will inform you by email of this error and we will give you the option of continuing to purchase the Tyres at the correct price or cancelling your order. If we do not receive a response from you, we will treat the order as cancelled and notify you by email. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Tyres to you at the incorrect (lower) price.
8. Installation and Collection
8.1 We will install the Tyres on the vehicle which you bring to the Installation Centre on the Installation Date (your vehicle). We will carry out the installation with reasonable care and skill. We accept no liability for the state of repair of your vehicle unless any damage is caused to it by us during the installation of the Tyres.
8.2 You may instead choose to collect the Tyres from the Installation Centre and install the Tyres on your vehicle yourself, but this does not entitle you to a reduction in price. If you do so, we accept no liability for any resulting damage to your vehicle or anything else.
8.3 If we install the Tyres on your vehicle, you warrant that you are authorised to undertake such work on your vehicle. We do not make any checks regarding ownership of vehicles and accept no liability for unauthorised work undertaken to a vehicle that is not registered to you.
8.4 The Site has a facility to assist you in choosing Tyres which are the correct size for your vehicle. However, the Tyres may be unsuitable for your vehicle even if they are the correct size. We therefore reserve the right to decline to install the Tyres on your vehicle if we consider that doing so would render your vehicle unsafe or could result in damage to your vehicle, in which case we will provide you with a full refund of the payment taken at the time you placed the order.
9.1 Delivery of the Tyres takes place when we install the Tyres on your vehicle at the Installation Centre or when you collect them from the Installation Centre (as applicable).
9.2 We will take reasonable steps to ensure that the Tyres are available at the Installation Centre on the Installation Date. However, occasionally, delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new Installation Date with you. Your right to cancel under paragraph 5 is unaffected.
9.3 If you are unable to bring your vehicle to the Installation Centre on the Installation Date, you must inform the Installation Centre using the contact details specified in the Order Acknowledgement as soon as possible. We will use reasonable endeavours to arrange a new, mutually convenient Installation Date. However, if you have not attended the Installation Centre to take delivery of the Tyres within 14 days of the original Installation Date, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control, we may, after giving you reasonable prior notice in writing, treat your order as cancelled, in which case we will refund your payment to us less a reasonable restocking fee.
10.1 We warrant that on delivery of the Tyres (in the manner set out in paragraph 9) and for a period of 12 months from that date, the Tyres will:
(a) conform in all material respects with the manufacturer's specification subject to any qualification or representation published on the Site at the time that you placed your order;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Tyres are fit for;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Tyres in the United Kingdom.
10.2 This warranty is in addition to your legal rights as a consumer. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
10.3 This warranty does not apply to any defect in the Tyres arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use of the Tyres in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
10.4 These Terms will also apply to any repaired or replacement Tyres we supply to you in the unlikely event that the original Tyres are faulty or do not otherwise conform with these Terms.
11. Defective Tyres and Returns
11.1 In the unlikely event that the Tyres or installation of the Tyres do not conform with these Terms, please let us know as soon as possible after delivery. We will ask you to return the Tyres to us at our cost and once we have confirmed that the Tyres or installation of the Tyres is faulty, we will:
(a) perform the installation again; or
(b) provide you with a full or partial refund; or
(c) replace the Tyres; or
(d) repair the Tyres.
11.2 These Terms will apply to any repaired or replacement Tyres we supply to you.
12. Title and Risk
12.1 The Tyres will belong to you when we have received payment from you under paragraph 7 and the Tyres have been delivered by us under paragraph 9.
13. Limitation of Liability: YOUR ATTENTION IS PARTICULARY DRAWN TO THIS CLAUSE
13.1 Except as set out in paragraph 13.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
13.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) any waste of time.
However, this clause 13.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
13.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13.4 Subject to clause 13.3, our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed £20,000.
14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Event Outside Our Control).
14.2 An Event Outside Our Control includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
14.3 Our obligations under these Terms are suspended for the period that the Event Outside Our Control continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Event Outside Our Control to a close or to find a solution by which our obligations under these Terms can be performed despite the Event Outside Our Control.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Micheldever Tyre Services Limited at Micheldever Station, Winchester, Hampshire SO21 3AP (if by post) and to email@example.com (if by email). We may give notice to you at the postal address or the email address you provided when you placed the order. Notice will be deemed received and properly served three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove that (if sent by post) the letter was properly addressed, stamped and placed in the post, or (if sent by email) that the email was validly sent by the sender’s email system.
17.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
17.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.4 These Terms and any dispute arising out of or in connection with it are governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. However, if you normally live in Scotland or Northern Ireland, you may instead bring proceedings in your relevant local courts.
17.5 We will not file a copy of the contract between us.
17.6 These Terms were last revised on 16 January 2014.