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Tyres on the Drive
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01477 652 005
Terms & Conditions
Terms & Conditions
THE CONTRACT BETWEEN US
Tyres on the Drive Limited (the "Company" or "we" or "us") own, maintain and operate this website. The Company is registered in England under company number 07615202 with its registered address at Units 1 & 2, Cotton Court, Middlewich Road, Holmes Chapel, CW4 7ET.
Please read the terms and conditions ("The Conditions") with care as they set out the rules for how the Company run the Website and supply Goods ordered through this Website.
We reserve the right to alter any content of this Website or The Conditions without prior notification
Please read The Conditions carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. You should understand that by ordering any of our goods or services, you agree to be bound by these Terms and Conditions. You should print a copy of these Conditions for future reference.
Familiarity of the website and its conditions is your responsibility to ensure you are aware of any changes.
These Conditions relate to your use of the Service and all orders placed by you for Goods via this Website.
The Website Conditions do not affect your statutory rights.
You must be at least 18 years old and legally allowed to form contracts before placing an order via the Website. You may not use this website if you do not meet these requirements.
Orders made and placed through this website will be subject to these Conditions.
Orders placed will be deemed to be an offer by you to purchase the Goods. We reserve the right to not accept any orders through the website (whether or not acknowledgment of the order has been received).
You are responsible for the accuracy of the terms of the Order submitted and any information relating to the products and services provided to the Company. The Company accepts no liability resulting from inaccurate information being supplied by you.
By placing an order, we deem this as an offer by you to purchase goods selected in your order. Until we have received and accepted your order, no contract exists between you and us.
Once an order has been placed you will be informed that we will contact you. This is an acknowledgement of receipt of the order and not an acceptance.
You will be notified of our acceptance of your order via telephone before goods are dispatched. We will also notify you if we cannot accept your order (for example, but without limitation, the goods are found to be unavailable).
If, after we accept your order, we discover that the goods ordered cannot be supplied or you have been given an incorrect price, description or image for the goods ordered, we reserve the right not to supply the goods ordered and to offer you an alternative product
Despite the Company making every reasonable effort to display information on the Website accurately, some slight errors or variations may occur infrequently. As such, any clerical or other errors or omission in any information issued by the Company, (including on the website) shall be subject to correction at any time without any liability to the Company.
PRICE AND PAYMENT
The price quoted on the Website is not final until the date the Order is received and accepted by the Company. Prices are subject to change at any time or at the Company's sole discretion. Prices include VAT, fitting, disposal of old tyres if applicable, new valves and balance of fitted wheels at an agreed address.
Payments will be made after the goods and services have been delivered and as such, paymentis deemed as agreement that the supplied products and service has been delivered satisfactorily.
Payments must be made by credit or debit card.All our vans have chip and pin machines and can accept payments by all major debit and credit cards.
If for any reason we cannot fulfill the fitting at no fault of our own a £25 call out fee will be applied. Reasons that fall into this category include Buckled Wheels, Damaged Wheels, Bolt Seized On, Wheel Seized On, Damaged Locking wheel Nut Key, Damaged Bolts.
Delivery of Goods ordered shall be made by the Company when they are fitted to your vehicle by a Company Technician at the address specified by you and approved in advance by the Company. You will be required to meet the technician in person at the pre-approved time and place to confirm your order and vehicle. You may be required to provide proof of identity, proof of address and/or proof of ownership of the vehicle before we start the job.
The Company will make every reasonable effort to deliver the goods on the agreed date and at the agreed time, however, any times and dates quoted for fitting are not guaranteed. The Company shall not be liable for any delay in fitting of the Goods howsoever caused.
If you fail to take delivery of the Goods by or fail to give sufficient delivery instructions in the Order then the Company mayarrange an alternative delivery date, store the Goods and charge you for the reasonable costs of such, including insurance orcharge a £25 cancellation fee.
YOUR RIGHT TO CANCEL
You may cancel your Order at any stage before, and up to 5pm on the previous working day by calling us and emailing us at email@example.com.Failure to cancel or cancellation after the 5pm cut off will be subject to a £25 cancellation fee.
CANCELLATION BY US
We reserve the right to cancel any Order (or any part of the Order) if for any reason the Goods ordered by you are no longer available.
The Company is not liable for compensation for inconvenience suffered if your Order is cancelled for any reason.
The Company retains the right to suspend or terminate your use of the Website at any time, with or without cause and with or without prior notice. You are personally liable for any Orders that you place including charges incurred as a result.
The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of this Website and its contents.
You agree to indemnify and hold harmless the Company and its affiliates from all third party claims inclusive of legal fees, for damages and costs which have arisen as a result of your breach of these Conditions and use of the Website, Service or any Goods.
IF YOU NOTIFY AN ALLEGED PROBLEM TO US WE WILL:
investigate any allegation;
make good any actual shortage or non-delivery; or
replace any Goods which are materially defective on delivery; or
where Goods cannot be made good or replaced, refund you the amount paid by you for the Goods in question.
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.
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.
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.
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.
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.
USE OF THE WEBSITE AND OTHER RIGHTS AND RESTRICTIONS
The Company retains all rights, title and interest in and to the Website, this includes software, design, images, artwork, illustrations, photographs, text, audio clips, video clips, graphic material or any other copyrightable or legally protected elements contained plus, "look and feel" and arrangements thereof. The Website is protected by intellectual property laws.The use of this website is restricted to the Conditions. The website must not be used for any business-related purposes and is for your own personal use only.
All rights are reserved.
Breach of the security of this website is strictly prohibited. You may not (a) access data or materials not intended for you; (b) access any server or account without express authorisation; Civil or criminal liability could be a result of any breaches of system or network. We may investigate such breaches which could enlist law enforcement authorities and could result in prosecuting users who have been found in such breaches. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
You must not use this Website in any way which could cause this Website or access to the Website to be damaged, impaired or interrupted.
The Website may host reviews and feedback from users. This content is your responsibility and should be lawful and should not be obscene, racist, malicious, defamatory, or designed to offend and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".. It must not be used to breach copyright, or privacy rights,
When using this Website you must not use false information, impersonate any other person or mislead the Website and its users as to the origin of any electronic communications.
Unauthorised use of this Website may result in a claim for damages and deemed to be a criminal offence.
If you provide any information found to be false, incomplete or inaccurate, we reserve the right to terminate your use of this Website. Fraudulent information could be subject to criminal and/or civil liability.
We will not be responsible for any loss suffered as a result of your failure to install adequate anti-virus software and computer security protection.
DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS
Goods, services and content on this website could originatefrom third parties. We may provide links to third party websites and are not responsible for the content or accuracy of any such third party material or websites. Links to third party websites and information are provided solely as a convenience to you.
NOTICES AND CORRESPONDENCE
Unless otherwise stated in these Conditions, all notices and other forms of communication from you to us must be in writing and sent to our trading address of Units 1 & 2, Cotton Court, Middlewich Road, Holmes Chapel, CW4 7ET or by email to firstname.lastname@example.org.
GOVERNING LAW AND JURISDICTION
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.
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.
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.
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.
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.
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.
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.
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
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 Conditions as constituted and evidenced by the Order and the Confirmation;
"Goods" means the products sold by the Company to you via the Website; to include tyres, brakes, batteries, oil, etc.
"Service" means the service provided by the Company for the sale of the 'Goods' to you 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.tyresonthedrive.com;
"Confirmation" means written email confirmation to you from us of our acceptance of the relevant Order;
"Order" means an order from you submitted to the Company through any means including the Website by the ordering system set out on the Website.
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