Terms and Conditions
WWW.TYRE-SHOPPER.CO.UK ONLINE TERMS AND CONDITIONS
1. THE CONTRACT BETWEEN US
1.1 The Website is owned, operated and maintained by Constant Price Monitor Limited, trading as Tyre Shopper (the “Company” or “we” or “us”). The Company is registered in Scotland under company number SC148574 with its registered address at 26-32 Millbrae Road, Langside, Glasgow, G42 9TU.
1.2 Please read these conditions (“Website Conditions”) carefully as they set out the rules for how the Company runs the Website and supplies the Goods which you may purchase through this Website. By clicking the “Accept” button you accept and agree to be bound by these Website Conditions which shall govern the agreement between us.
1.3 The Company reserves the rights to change the contents of this Website, including the Website Conditions at any time without notice, by posting such changes on the Website. It is your responsibility to familiarise yourself with the Website Conditions regularly to ensure that you are aware of any changes. Your continued use of this Website following the posting of any such changes will constitute your acceptance of the revised Website Conditions.
1.4 In these Website Conditions capitalised terms shall have the meaning prescribed to them in clause 26 hereto unless the context requires otherwise. If you do not accept these Website Conditions, you may not use this Website.
2.1 These Website Conditions govern your use of the Service and all orders placed by you for Goods via this Website.
2.2 Nothing in these Website Conditions shall affect your statutory rights.
3. ONLINE ORDERS
3.1 You must be over the age of 18 and able to form legally binding contracts under applicable law before you can place an order via the Website. If you do not meet the foregoing requirements, you may not use this Website.
3.2 All Website Orders placed by you through this Website will be subject to these Website Conditions.
3.3 All Website Orders shall be deemed to be an offer by you to purchase the Goods. The Company is under no obligation to accept your Website Order (whether or not the Website Order has been acknowledged).
3.4 You shall be responsible to the Company for ensuring the accuracy of the terms of the Website Order submitted by you, and for giving the Company any necessary in formation relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms and the Company shall incur no liability as a result of any inaccurate information supplied by you.
4. ORDER ACCEPTANCE
4.1 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
4.2 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
4.3 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
4.4 The Confirmation you receive will contain a unique seven (7) digit order number (“Order Number”). You will need this Order Number to receive delivery of the Goods.
4.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error, incorrect description or incorrect image on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative product.
4.6 If there are any problems with your Website Order, you will be contacted by a member of the customer services team.
5.1 The Company has made every reasonable effort to display all information on the Website as accurately as possible. However, some slight variations may occur from time to time. Accordingly, any typographical, clerical or other error or omission in any information, price list, website text, pictures, images, confirmation, invoice or other document issued by the Company shall be subject to correction at any time without any liability to the Company.
5.2 For the purpose of the Contract, the quantity, quality, description and specification of the Goods shall be substantially as detailed in the Confirmation.
5.3 The Company reserves the right to alter the Goods or any relative specifications (whether such specifications have been submitted by you in the Website Order or otherwise) and designs at any time, without notice, as a result of changes in law or at the sole discretion of the Company.
6. PRICE AND PAYMENT
6.1 The price for the Goods that you order will be the price quoted on the Website at the date the Website Order is received by the Company. Prices are subject to change at any time, of the Company’s sole discretion, upon the posting of such prices on the Website. Prices include VAT and any other applicable taxes (which will be charged at the current rate as shown on the website). Prices include delivery, unless otherwise stated on the Website.
6.2 Payments must be made by credit or debit card (please see the relevant part of the Website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us (including VAT and any other applicable taxes) based on the Goods you order.
6.3 The Company shall not deliver the Goods until it has received confirmation of payment.
6.4 You may be subject to validation checks and/or third party authorizations depending on your method of payment.
7.1 Delivery of the Goods shall be made by the Company when the Goods are fitted to your vehicle by the fitting centre specified in the Confirmation or such other address is requested by you and approved in advance by the Company. You will be required to provide the Order Number and sign an advice note in order for the Company to make delivery of the Goods to you and fit the Goods to your vehicle. You may be required to provide proof of identity and / or proof of address for example a valid UK Driving License, Passport or Utility Bill.
7.2 Any dates quoted for fitting of the Goods are approximate only and not guaranteed. The Company shall not be liable for any delay in fitting of the Goods howsoever caused. Time for fitting shall not be of the essence of the Contract unless previously agreed by the Company in writing.
7.3 If you fail to take delivery of the Goods by attending the relevant fitting centre or fail to give sufficient delivery instructions in the Website Order them, without prejudice to any other right or remedy available to the Company, the Company may:
7.3.1 Store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
7.3.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess, or charge you for any shortfall below the price agreed in the Contract; or
7.3.3 Return the Goods to the supplier and charge you for any costs incurred as a result of such return.
7.4 It is the Company’s normal policy, but not obligation, to return Goods to the supplier in accordance with condition 7.3.3 if they have not been collected within 14 days of the scheduled date of collection. If you fail to take delivery of the Goods within that 14 day period there may be a further delay in the Goods availability.
7.5 Delivery of the Goods shall be evidenced by the return to the Company of its advice note signed by you which, howsoever signed as acknowledgement of receipt of the Goods, shall constitute absolute proof of delivery of the items specified in it.
7.6 Risk of damage to or loss of the Goods shall pass to you at the time when you are notified that the Goods have been fitted and are ready for collection.
7.7 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Website Conditions, the title to and in the Goods shall not pass to you until all sums due to the Company under the Contract (including any applicable interest and charges) have been paid in full.
7.8 Until such time as the title in the Goods passes to you, you shall keep the Goods separate from those of third parties and properly stored, protected and insured and identified as the property of the Company.
7.9 Until such time as the title in the Goods passes to you, the Company shall be entitled at any time to require you to deliver up the Goods to the Company and, if you fail to do so forthwith, to enter upon any of your premises or any third party where the Goods are stored and repossess the Goods. In these circumstances you shall be obliged to assist and allow the Company to repossess the Goods.
7.10 You shall not be entitled in any way to charge by way of security any of the Goods which remain the property of the Company, and in the event that you do so, all monies owing by you to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
8. YOUR RIGHT TO CANCEL
8.1 You may cancel your Website Order with us for the Goods at any stage before, and up to 14 working days (30 days if goods are faulty) after the Goods are delivered to you by notifying the Company in writing at the address in clause 16 or by sending an email to firstname.lastname@example.org. Upon receipt of the Goods by us we will refund the amount you have paid. This right to cancel in respect of delivered Goods only exists where the Goods have not been used and remain in the condition that they were delivered in.
8.2 Tyre Shopper will process your refund within 2 business days. Refunds are made in the same form of payment originally used for purchase. When a refund is made to a credit or debit card it may not show up in your account straight away as the clearing banks take time to process the refund. Typically this can take up to 7 working days, but varies depending on your own bank. If you would like further clarification on the timescales involved, please contact your card issuer.
8.3 In the event of a cancellation by you under clause 8.1 of these Website Conditions you shall be solely responsible for the return of the Goods to the Company and the costs of that return and you shall indemnify the Company against any costs it incurs in relation to your return of the Goods.
9. CANCELLATION BY US
9.1 We reserve the right to cancel any Website Order (or any part of the Website Order) if for any reason:
9.1.1 The Goods ordered by you are no longer available; or
9.1.2 The Goods are withdrawn by the manufacturer or by the Company or by order of any governmental authority, in which event we will notify you by email and refund any payments you have made for that Website Order or that part of the Website Order.
9.2 We will not be obliged to offer any additional compensation for disappointment suffered if your Website Order is cancelled for any reason.
9.3 We may terminate or suspend your use of the Website at any time, with or without cause (including but not limited to your breach of these Website Conditions or any inappropriate or unlawful behaviour on your part), with or without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You are personally liable for any Website Orders that you place and charges that you incur prior to termination.
9.4 We reserve the right to modify, suspend or discontinue this Website, the Service or any Goods (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
9.5 You agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees and representatives from any and all third party claims and demands, including reasonable legal fees, for damages and/or costs due to or arising out of your breach of these Website Conditions and/or your use of the Website, the Service or any Goods.
10. LIMITED EXPRESS WARRANTY FOR DEFECTIVE GOODS
10.1 All Goods supplied by the Company will be substantially free from material defects and be of good quality, subject to the terms set out in this section 10.
10.2 If you believe that the Goods are materially defective or incorrect on delivery, we shall have no liability to you unless you notify the Company of the problem (by email at email@example.com), within 48 hours from the date of delivery.
10.3 If you notify an alleged problem to us we will:
10.3.1 investigate any allegation;
10.3.2 make good any actual shortage or non-delivery; or
10.3.3 replace any Goods which are materially defective on delivery; or
10.3.4 where Goods cannot be made good or replaced, refund you the amount paid by you for the Goods in question. The remedies set forth in this paragraph 10.3 constitute your sole and exclusive remedies, and our sole and exclusive obligations, with respect to any breach of the warranty set forth in paragraph 10.1. For the avoidance of doubt, we shall have no such obligation to you if any of the conditions set out at paragraphs 11.2 or 11.3 apply.
10.4 Subject to clauses 10.2 and 10.3 above, if you suspect that the Goods have a manufacturing default, the Company may at it’s sole discretion and at no liability to itself, assist you in making an application under the British Tyre Manufacturers Association (“BTMA”) procedure. This assistance will only be given where you return the Goods to the fitting centre at which they were delivered and will require the allegedly defective Goods to be removed from your vehicle and sent away to the manufacturer for assessment. If replacements Goods are required at that point the Company will have no obligation to provide or pay for a replacement and any replacement purchase from the Company will be at full value. For more information on the BTMA procedure please contact firstname.lastname@example.org or the BTMA.
10.5 EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 10.1, THIS WEBSITE, THE SERVICE, AND THE GOODS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS WEBSITE OR THE SERVICE.
11 OUR LIABILITY
11.1 SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS OR DATA, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS WEBSITE, THE ONLINE SERVICE, THE FITTED SERVICE, AND/OR THE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE GOODS IN QUESTION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
11.2 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Goods you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your Website Order.
11.3 The Company shall be under no liability in respect of any defect in the Goods arising from your use of the Goods, incompatibility of your vehicle or any misuse or alteration of the Goods.
11.4 Notwithstanding the above, nothing in these Website Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
12. USE OF THE WORKS AND OTHER RIGHTS AND RESTRICTIONS
12.1 Except as provided in the immediately following sentence, the Company (or, in the case of third party materials, that third party) retains all rights, title and interest in and to the Website, including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, and the selection, sequence, “look and feel” and arrangements thereof. This Website is protected by intellectual property laws and your use is strictly restricted to these Website Conditions, including the following:
12.1.1 You may only use this Website for your own personal use and not for any business-related purposes;
12.1.2 You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.
12.2 The trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of the Company or third party owners. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.
12.3 All rights not expressly granted herein are reserved.
13. ACCEPTABLE USE
13.1 You shall not breach or attempt to breach the security of this Website. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
13.2 You agree not to use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.
13.3 The Website may host reviews and feedback from users. Any electronic communications and / or content you send to this Website must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or “spam”.
13.4 When dealing with this Website you must not use a false email address, impersonate any other person or entity, or mislead the Website and its users as to the origin of any electronic communications or content.
13.5 Unauthorised use of this Website may give rise to a claim for damages and / or be a criminal offence.
14. YOUR INFORMATION
14.1 You agree to provide current, complete and accurate information required as may be required in the course of using this website or the Service (“Your Data”). You further agree to maintain and update Your Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this Website. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Your Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
14.2 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Website. We will not be responsible for any loss suffered as a result of your failure to do so.
15. DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS Certain content, products and services available via this Website may include materials from third parties. In addition, we may provide links to certain third party websites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.
16. NOTICES AND CORRESPONDENCE Unless otherwise expressly stated in these Website Conditions, all notices and other forms of communication from you to us must be in writing and sent to our trading address at 26-32 Millbrae Road, Langside, Glasgow, G42 9TU or by email to email@example.com or by fax to 0141 649 5433. All notices from us to you will be displayed on the Website from time to time.
17. EVENTS BEYOND OUR CONTROL We shall/have no liability to you for any failure to deliver the Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
18.1 If any of these Website Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other conditions which shall remain in full force and effect.
18.2 If any of these Website Conditions is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
20. THIRD PARTIES Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
22. GOVERNING LAW AND JURISDICTION 22.1 The Contract between us and any matter arising from or in connection with these conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. 22.2 Any claim or cause of action against the Company arising out of or related to use of this Website, the Service, or the Goods or otherwise under these Website Conditions must be filed within one (1) year after such claim or cause of action arose.
23. INSOLVENCY If you make any voluntary arrangement with your creditors or (being an individual or firm), becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes 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 the Company reasonably believes that any of these events are about to occur in relation to you and notifies you accordingly, then without prejudice to any other available right or remedy, the Company shall be entitled to cancel the Contract or suspend any further deliveries without any liability to you, and if the Goods have been delivered, but not paid for, the price of the Goods shall become immediately due and payable in full notwithstanding any previous agreement or arrangement to the contrary.
24. ELECTRONIC DELIVERY POLICY You agree that we may provide to you required notices, agreements and other information electronically as specified in these Website Conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Website.
25.1 This Website is intended exclusively for residents of the United Kingdom. The Company makes no representations that materials in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
25.2 The failure of the Company to exercise or enforce any right or provision of these Website Conditions will not constitute a waiver of such right or provision.
25.3 The Company may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other persons (legal or otherwise) or entities.
25.4 The Company may assign the Contract with you or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity. Unless otherwise agreed in writing, you may not assign either the benefit or the burden of any Contract with the Company.
26. INTERPRETATION In these Website Conditions, except where the context otherwise requires: “Contract” means the contract for the purchase and sale of the Goods subject to the Website Conditions as constituted and evidenced by the Website Order and the Confirmation; “Goods” means the tyres sold by the Company to you via the Website; “Service” means the service provided by the Company for the sale of tyres to you using the Website and the provision of fitting services in respect of those tyres to your vehicle or vehicles; “Website” means the Website published by the Company on the Internet with the http://www.tyre-shopper.co.uk; “Confirmation” means written email confirmation to you from us of our acceptance of the relevant Website Order; “Website Order” means an order from you submitted to the Company through the Website by the ordering system set out on the Website.