Consumer Terms and Conditions of Sale and Service - Online and Retail Sales
These terms apply to consumers and we recognise that you may have additional rights under statute if we fail to carry out our obligations to you. We confirm that in providing these terms they do not in any way affect your statutory rights.
These are the terms and conditions on which we supply tyres, any other equipment or components that we offer for sale (“Products) and any service that you may request and which we are able to and agree to provide (“Services”). These terms apply to Products and Services that you order either:
1. online through our Website;
2. in person; or
3. by telephone.
If you entered into a purchase transaction with a different retailer please refer to that retailer’s terms and conditions of business as these will apply to the provision of any supply of products or services that we undertake for your benefit and any warranty that you receive. In such circumstances you do not have a contract with Micheldever but we have made commitments for your benefit to the retailer who your transaction is with.
Please read these terms carefully before you place any order with us, as you are responsible for ensuring that the details of the order are correct. These terms tell you who we are, how we will provide Products when purchased from Micheldever and Services when requested by you, how you may end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
We may revise and amend these Terms from time to time by posting a new version on our Website. Changes to these Terms will not apply retrospectively. Your agreement with us will be on the Terms which were published on our Website at the time that you placed your order. Changes to these Terms will apply to any further orders you place after the date on which the new Terms including the change are posted on our Website.
If you choose to place further orders either through our Website, in person, or by telephone, you should check that you have read the latest version of these Terms before placing your order as you will be agreeing to be bound by them.
1. About Us
1.1. Company Details. Micheldever Tyre Services Limited, trading as “Protyre”. We are a company registered in England and Wales under company number 01817398 and our registered office is at Micheldever Station, Winchester, Hampshire SO21 3AP, which is also our main trading address. Our VAT number is 876335394. Website: https://www.protyre.co.uk/
1.2. Contacting us. To contact us, telephone our customer service team at 01962 774 437 or write to us by email at [email protected] or by post at Micheldever Tyre Services Ltd, Micheldever Group, Mill Place, Winchester, Hampshire, SO21 3BZ.
2.1. In these Terms:
2.1.1. Events Outside Our Control: means the circumstances described in clause 14;
2.1.2. Installation Centre: means the installation centre specified in the Order Acknowledgement or the centre that you placed your order with;
2.1.3. Installation Date: means the date for installation of the Products specified in the Order Acknowledgement or otherwise agreed with you;
2.1.4. Order Acknowledgement: means the acknowledgement of receipt of your order (whether issued by us in connection with an online transaction or by a third party you entered your agreement with);
2.1.5. Products: means the Products that are the subject of the Order Acknowledgement or order in any other form you have placed with us;
2.1.6. Services: means any services (including MoT’s and other car, motorcycle or other vehicle or part services) which are the subject of the Order Acknowledgement or otherwise agreed with you;
2.1.7. Terms: means the terms and conditions set out in this document which apply to orders placed through the Website, in person, or by telephone; and
2.1.8. Website: means our Website at http://www.protyre.co.uk;
2.2. Writing or written includes all documents referred to in these Terms or forming part of the services we provide to you. It includes communications by e-mail but not faxes.
2.3. Customer, you, your, is the person who purchases the Products and/or Services
2.4. Protyre, we, us our, means, as applicable to Micheldever Tyre Services Limited, trading as “Protyre”.
2.5. Headings do not affect the interpretation of these Terms.
3. Application of these Terms
3.1. These Terms apply to orders:
3.1.1. placed through our Website;
3.1.2. placed by telephone; or
3.1.3. orders placed in person.
4. The contract between you and us
4.1. These Terms set out the terms of the contract between you and us for the sale of the Products, and the provision of any requested Services.
4.2. In particular, please note that any images, descriptions or illustrations of the Products published on the Website, in our catalogues, or other advertising material, are for illustrative purposes only and published solely to provide you with a general description of the Products. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices. Your Products may vary slightly to any images, descriptions or illustrations.
4.3. All weights and sizes are supplied as a guide only and are approximate.
4.4. On our Website, we provide Car Help & Advice to help you in your purchasing decisions and to provide guidance. These details are provided for general information, but if you are in any doubt, you should seek help or advice from an appropriate professional. Save for any liability we are not by law entitled to exclude, we accept no liability for any loss, damage or injury arising as a result of the advice contained on our Website.
4.5. The order process on our Website 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. It is your responsibility to make sure the Products and Services that you order (whether ordering online, in person or by telephone), are correct for your vehicle. Please note that in certain cases Products that you request may be the subject of a special order that we will place, the terms of which may result in the Product not being returnable. We will advise you when this is the case at the time you place your order.
4.6. When you place an order via our Website, the order is an offer by you to buy the Products and/or request the provision of Services and to enter into a binding contract with us on these Terms. If you placed an order with us online, we will send an Order Acknowledgement to you by email to the address you provided when you placed the order. Please note that any email, Order Acknowledgement, or other electronic acknowledgement by us of receipt of an order does not constitute acceptance by us of your order.
4.7. When you place an order by telephone or in person, we will provide a verbal estimation on the price and the work that may be involved. The estimation is our best assessment of the costs you will incur for the work requested.
4.8. When you have ordered a Service through a third party, we will not hold a copy of the order acknowledgement issued by your supplier. You must provide us with a copy of that document prior to us commencing to provide the Service you require.
4.9. Due to the nature of certain Services, there may be additional costs. If additional work has been undertaken on a vehicle (for example, during an MOT) or additional work may be required to complete the original order correctly this must be paid upon collection of the vehicle. We will communicate with you in advance wherever possible.
4.10. If we are unable to accept your order, we will inform you of this and will not charge you for the Products or Services. This might be because the Products or parts required for the Services are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Products or Services or because we are unable to meet a delivery deadline or Installation Date that you have specified.
4.11. We will accept your order and these Terms will become binding on you and us when we deliver the Products or perform the Services (in the manner described in clause 9. The contract between us will only be formed when we accept your order in this way.
4.12. You may only purchase Products or request Services from us if you meet any legal age requirement necessary for purchase of the same. We only accept Orders originating from and for delivery to UK addresses.
4.13. We will retain details of your order on our database and these details can be made available to you on request from our customer service team by calling them on 01962 774 437, or writing to us by email at [email protected], or by post at Micheldever Tyre Services Ltd, Micheldever Group, Mill Place, Winchester, Hampshire, SO21 3BZ.
5. Your right to cancel
5.1. You have the following rights to cancel the contract:
5.1.1. If what you have bought is faulty or misdescribed you may have a legal right to:
22.214.171.124. end the contract; or
126.96.36.199. get the Product repaired or replaced or a Service re-performed; or
188.8.131.52. get some or all of your money back.
Please see clause 11 for more information.
5.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;
5.1.3. If you have just changed your mind about the Products or Services, see clause 5.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products. Please note that the right to cancel if you change your mind only applies to orders placed online or by telephone.
5.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clauses 5.2.1 to 5.2.4 below, the contract will end immediately and we will refund you in full for any Products or Services which have not been provided. You may also be entitled to compensation. The reasons are one or more of the following:
5.2.1. we have told you about an error in the price or description of the Productor Service that you have ordered, and you do not wish to proceed;
5.2.2. there is a risk that supply of the Products or Services may be significantly delayed because of Events Outside Our Control;
5.2.3. we have suspended supply of the Products for technical reasons, or notify you that we are going to suspend them for technical reasons; or
5.2.4. you have a legal right to end the contract because of something we have done wrong.
5.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For Products bought online or by telephone you have a legal right to change your mind within 14 days and receive a refund:
5.3.1. If you have requested that we provide any Services, you have 14 days after the day we email or contact you to confirm that we accept your order, other than MOTs. For MOTs, you can cancel this contract during a “cooling-off period” of up to 14 days (or up to 48 hours before the MOT appointment if this is earlier than 14 days) after the day on which We accept your order and the booking may not be refundable. For any Services, once we have commenced performance of the Services you cannot change your mind, even if the period is still running unless we have not yet completed performing the required service. If you cancel after we have started to provide the Service, you must pay us for the Service provided up until the time you tell us that you have changed your mind.
5.3.2. Appointments can be rescheduled to an alternative date (subject to availability) provided two clear working day is allowed between rescheduling and the original appointment."
5.3.3. Unless a fault is identified, once Products are installed on your vehicle, the right to a refund ends. Please note that we are unlikely to be in a position to retrieve and refit any Products removed during the provision of Services.
6. How to end the contract with us?
6.1. To end the contract with us, please let us know by doing one of the following:
6.1.1. Telephone the centre that you placed the order with or customer services on 01962 774 437;
6.1.2. Email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address to help us identify your order; or
6.1.3. Visit the centre at which you placed the order.
6.2. When we will pay the costs of return. We will pay the costs of return:
6.2.1. if the Products are faulty or misdescribed, or we perform Services incorrectly; or
if you are ending the contract because we have told you of an upcoming change to the Products, Services or these terms, an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
6.3. How we will refund you. We will refund you the price you paid for the Products and/or Services including, if relevant, delivery costs, by the method you used for payment, or if this was by cash through a transfer to a bank account nominated by yourself. If you have taken advantage of a deferred payment service, please refer to the terms and conditions of that service to understand how we deal with refunds in those circumstances. However, we may make deductions from the price, as described at clause 6.4 below.
6.4. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
6.4.1. We may reduce your refund of the price (excluding delivery costs we agree to refund) to reflect any reduction in the value of the Products in the case of Products that have been used or are not in a resalable condition caused by your handling of them in a way which is not permitted. If we refund you the price paid before we are able to inspect the Products and later discover that you have used them, you will be liable to return the amount of the refund we provided.
6.4.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7. Price and payment
7.1. Payment for the Products and Services will be collected at the time you place the order via our Website, or after fitting of the Products or on completion of the Services if the order is placed over the phone or at our centre. We may offer instalment payment options – please refer to our website for further information.
7.2. If you have placed an order via our Website or by telephone, upon visiting the centre to receive your Products or Services you will need to produce the credit or debit card that you paid with and photographic proof of identification such as a driver’s licence. If you have placed an order via a third party Website, upon visiting the centre to have Products fitted, you will also need to produce the Order Acknowledgement to verify the order that you placed.
7.3. The price of the Products and Services will be subject to any variation that we are entitled to make under the Terms to the estimated amount set out in any written or verbal estimate or Order Acknowledgement provided at the time you place your order. Prices advertised on the Website are liable to change at any time, but price changes will not affect your order once we have sent an Order Acknowledgement or agreed order in writing or verbally.
7.4. The price of the Products and Services includes installation costs where relevant and in all cases are inclusive of VAT but excludes TPMS (Tyre pressure monitoring systems) valves. TPMS valves and any recoding work that is required will be quoted prior to work commencing on the vehicle concerned.
7.5. The VAT is at the current rate chargeable in the UK. If the rate of VAT changes between the date of order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Goods or Services in full before the change in VAT.
7.6. Once Products have been fitted in or to your vehicle, an MOT inspection completed, or any maintenance services provided, payment must be made in full before the vehicle is released back to you.
7.7. It is always possible that, despite our reasonable efforts, the Products or Services may be incorrectly priced on the Website. If we discover an error in the price of the Products or Services that you have ordered, we will inform you by email or phone call of this error and we will give you the option of continuing to purchase the Products or Services 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 of this by email or phone call. 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 Products to you at the incorrect (lower) price.
7.8. Online prices may vary to instore prices or based on geographical location. Except specifically specified, all prices are shown in Pound Sterling.
8. Installation and collection
8.1. We will install the Products or perform the Services on the vehicle which you bring to the Installation Centre on the Installation Date. 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 Products or performance of the Services.
8.2. You may instead choose to collect the Products from the Installation Centre and install the Products 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 other damage or costs incurred as a result. (We do not allow this if the order is placed online via our Website or third party Websites.)
8.3. If we install the Products or perform Services 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 Installation Centre has a facility to assist you in choosing Products which are the correct size for your vehicle. However, the Products or a Service requested may be unsuitable for your vehicle even if the Product appears to have the correct specification. We therefore reserve the right to decline to install the Products or provide Services 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 for any payment we may have taken at the time you placed the order.
8.5. We will endeavour to give you the best advice regarding correct fitment and suitability of Products or the appropriateness of Services. If you choose to go ahead with any fitment despite our recommendation not to do so, any damage, wear and tear, loss of performance, safety issues, or other costs incurred are your own responsibility and we will accept no liability save for any that cannot be contracted out from.
9.1. Delivery of the Products, and provision of Services takes place when we carry out the work or install the Products or provide the Services on your vehicle at the Installation Centre or when you collect the Products from the Installation Centre (as applicable).
9.2. We will take reasonable steps to ensure that the Products are available and can be provided 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 collection or Installation Date with you. Your right to cancel under clause 5.3 is unaffected. We shall have no liability for any delay to the delivery of Products or performance of Services, where the delay or failure is caused either by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products or Services.
9.3. If you are unable to bring your vehicle to the Installation Centre on the Installation Date, you must inform the Installation Centre that you placed your order with. If you have placed the order online you should cancel using the contact details specified in the Order Acknowledgement. In every case, please notify us as soon as possible. We will use reasonable endeavours to arrange a new, mutually convenient Installation Date.
9.4. If you have not attended the Installation Centre to take delivery of the Products 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 any payment to us that we may have received less a reasonable restocking and admin fee.
10.1. Please remember that if you requested Services under a contract that you entered into with a third party any warranty is granted by that third party. You should direct claims under the warranty to that party in the first instance. The remainder of this clause concerns Products and Services provided under contracts with us.
10.2. We warrant that on delivery of the Products (in the manner set out in clause 9) and for a period of 12 months from that date for orders made through our Website, over the phone or in person. For orders placed through third party websites, please refer to the warranty policies on the third party’s Website. The Products will:
10.2.1. conform in all material respects with the manufacturer's specification subject to any qualification or representation published on our Website at the time that you placed your order;
10.2.2. be of satisfactory quality;
10.2.3. be fit for any purpose that we say the Products are fit for;
10.2.4. be free from material defects in design, material and workmanship; and
10.2.5. comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom.
10.3. This warranty is in addition to your legal rights as a consumer. Advice about your legal rights is available from your local Citizens Advice or trading standards office.
10.4. This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use of the Products 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.
10.5. These Terms will also apply to any repaired or replacement Products or reperformance of Services we supply to you in the unlikely event that the original Products or Services are faulty, not to the required standard or do not otherwise conform with these Terms.
10.6.Except where expressly stated otherwise, all warranties are non-transferable and only apply for the original Customer.
10.7. Please note that, if you buy any Products or Services with a warranty, we are guaranteeing that those Products or the Service requested will be in conformity with the terms of the warranty (provided any conditions described in the warranty are complied with) during the warranty period. If we replace any Product we supplied or reperform any part of the Services provided, the warranty does not start again. You will only benefit from the remaining period of the original warranty. This does not affect your statutory rights if the Products or Services provided are faulty or not as described.
10.8. Certain Products that we sell may be provided with additional warranty terms. You will be advised of these at the time we provide the Products concerned.
11. If there is a problem with the Products or Services.
11.1. If you have any questions or complaints about the Products or Services, please contact us. You can telephone our customer service team at 01962 774 437 or write to us by email at [email protected] or by post at Micheldever Tyre Services Ltd, Micheldever Group, Mill Place, Winchester, Hampshire, SO21 3BZ. Alternatively, please speak to one of our staff in-store.
11.2. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products and Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods (e.g. Products), the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example, the Consumer Rights Act 2015 says:
a) You can ask us to rectify a service if it's not carried out with reasonable care and skill, or get some money back if we can't rectify it or we cannot do so within a reasonable time period and without causing you significant inconvenience.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
12. Title and risk
12.1. The Products will be your responsibility from the time that the Products have been delivered by us under clause 9. You will own the Products once we have received payment in full.
13. Limitation of liability: YOUR ATTENTION IS PARTICULARY DRAWN TO THIS CLAUSE
13.1. If we fail to comply with these Terms, we are only responsible for any loss or damage that you suffer that is a foreseeable result of our failure to comply with these Terms or our negligence. We are not responsible for any loss or damage that you suffer that is not a foreseeable result of our failure to comply with these Terms. 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 will make good any damage to your vehicle caused by us whilst fitting the Products or performing the Services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your vehicle that we discover whilst fitting the Products or performing the Services.
13.2. Nothing in these terms excludes or limits our liability for:
13.2.1. death or personal injury caused by our negligence; or
13.2.2. fraud or fraudulent misrepresentation; or
13.2.3. 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
13.2.4. losses for which it is prohibited by section 7 or section 2 liability for defective products of the Consumer Protection Act 1987 to limit liability; or
13.2.5. any breach of the terms implied by section 9 to 11, or 17 of the Consumer Rights Act 2015; or
13.2.6. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13.3. We only supply the Products and perform Services under these Terms for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 an Event 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:
14.2.1. strikes, lockouts or other industrial action; or
14.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
14.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, fuel shortage or other natural disaster or bad weather; or
14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5. impossibility of the use of public or private telecommunications networks; or
14.2.6. Compliance with any law or governmental order, rule or regulation or direction.
14.3. If there is an Event Outside Our Control then we will contact you, by email or telephone, as soon as possible to let you know.
14.4. 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 however 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 protected] (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 to have been 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 it 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 state in writing that it is a waiver.
17.3.The contract is between you and us. A person who is not a 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 them 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. If there is a dispute between you and us, we would hope to be able to resolve any such dispute with you ourselves (any disputes should be raised with our Customer Service Team). If you and we are not able to resolve the dispute, then you may wish to attempt to resolve the dispute through alternative dispute resolution (alternative dispute resolution is a process where an independent body considers the facts to a dispute and seeks to resolve the dispute between the parties without them going to court).