Terms and Conditions
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Terms & Conditions

 

Introduction

Use of the Site is on the terms contained in this document (Terms of Use). If you do not agree to these Terms of Use, stop using the Site immediately. By accessing and using this Site you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on the Site about how the Site operates and the services which are available.

The supply of any products or services you order from this Site is subject to the Trading Terms. You should also read our Privacy Policy.

If for any reason you or the Fitting Centre has to alter the fitting appointment, your tyres will be retained at the outlet for 7 days or by mutual arrangement between you and your selected outlet. We and your chosen outlet will do all we can to facilitate any change in your circumstances to allow fitting of the tyres if for any reason fitting appointments may have to change. The product and workmanship guarantee advertised online is a contract between your selected Fitting Centre Retailer and you the customer; of which full explanation of terms and conditions can be made available to you on completion of fitting. We reserve the right to change these Terms of Use from time to time without prior notice by changing them on the Site.

 

Accessing the Site

We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

 

Accuracy of information

We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice on which reliance should be placed. Except to the extent that our Trading Terms apply, we make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information. If you find any inaccurate information on the Site please let us know and we will endeavour to correct it, where we agree, as soon as reasonably practicable.

 

Intellectual property rights

All content on this Site including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content.

Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trademarks, logos or other proprietary marks or any of the content of this Site, in whole or in part, except as provided in these Terms of Use.

You may download information from the Site for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use.

 

Links to this and other websites

We may provide hyperlinks from this Site to other internet sites which are operated by other organisations. We are not responsible for external websites that link to this Site or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.

We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on this Site. Without prejudice to that right, if you wish to link to the Site, you may only do so with our written consent and on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:

You do not remove, distort or otherwise alter the size or appearance of our logo

You do not create a frame or any other browser or border environment around the Site

You do not in any way imply that we endorse any products or services other than our own

You do not misrepresent your relationship with us nor present any other false or misleading information about us

You do not otherwise use any of the trademarks displayed on the Site without our express written permission. You do not link from a website that is not owned by you. Any website from which you link to the Site does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

 

Online orders

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 Site. If you do not meet the foregoing requirements, you may not use this Website. All website orders placed by you through this Site will be subject to these website Conditions.

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). 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 information relating to the Goods within 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.

 

Order acceptance

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).

The Confirmation you receive will contain a unique order number (“Order Number”). You will need this Order Number to receive delivery of the Goods or Service.

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.

If there are any problems with your Website Order, we will endeavour to contact you via our customer services team or your selected fitter may also contact you.

 

Price and payment

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, at 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.

Payments must be made by credit, debit card or PayPal. 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. The Company shall not deliver the Goods until it has received confirmation of payment. You may be subject to validation checks and/or third party authorisations depending on your method of payment.

 

Your right to cancel

You may cancel your Website Order for the Goods at any stage before, and up to 14 working days before your tyre fitting date (you may not cancel your order on the date of your fitting appointment). You must notify the Company in writing by sending a cancellation letter to:

Online Tyre Store Cancellations
Number One Park View
Harrogate
North Yorkshire
HG1 5LY

A cancellation incurs charges against any losses to Online Tyre Store. On terms that the Customer shall indemnify Online Tyre Store in full against all loss (including loss of profit), costs (including the cost of all labour, re-stocking and materials used), damages, charges and expenses incurred by Online Tyre Store as a result of cancellation by the Customer of the Customer's order. This charge will be the sum of £20 per tyre.

You can cancel your order up to 4pm on the same day. If you order your tyre after 4pm, you have until 4pm the following day.

If you have made an error with your order and would like to amend the order (ordered wrong tyres and would like to change the tyres for a different brand or model), please contact Online Tyre Store via email using hello@onlinetyrestore.com. We will be happy to help you change your tyre order.

 

Refunds Process

Refunds are made in the same form of payment originally used for purchase. When a refund is made to a credit, debit card or PayPal 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.

 

Cancellation by us

We reserve the right to cancel any Website Order (or any part of the Website Order) if for any reason the Goods ordered by you are no longer available; or 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, less our administration fee for that Website Order or that part of the Website Order. We will not be obliged to offer any additional compensation for disappointment suffered if your Website Order is cancelled for any reason. 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. 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.

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.

 

Delivery

Delivery of the Goods shall be made by the Company when the Goods are fitted to your vehicle by the fitting center specified in the Confirmation or such other address is requested by you and approved in advance by the Company. 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.

Any dates quoted for fitting of the Goods are 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. If you fail to take delivery of the Goods by attending the relevant fitting center or fail to give sufficient delivery instructions in the Website Order then, without prejudice to any other right or remedy available to the Company, the Company may store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or 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 return the Goods to the supplier and charge you for any costs incurred as a result of such return.

 

Our Liability

Although we hope this Site will be of interest to users (and except to the extent that our Trading Terms apply), we accept no liability and offer no warranties or conditions in relation to this Site or its content, to the fullest extent such liability can be excluded by law.

If you are a consumer and not a business user, we shall not be liable to you for any business losses and shall only be liable for any losses which are reasonably foreseeable.

If you are a business user, in no event shall we be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of, or inability to use, the Site or information on the Site. Except as provided in these Terms of Use, all terms implied by law are excluded.

We will not be liable to you for any delay or failure to fulfill On-Line Sales which you make using the Service, where such delay or failure is due to circumstances beyond our control or the control of our sub-contractors and agents.

 

General

Any formal legal notices should be sent to us by e mail in the first instance to hello@onlinetyrestore.com.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

You and we agree that English law applies to these Terms of Use and that any dispute between us regarding the Site or arising out of or in connection with these Terms of Use will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there.

 

How to contact us

If you experience problems with the Site or would like to comment on it, please feel free to contact us by email at hello@onlinetyrestore.com

 
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