TERMS AND CONDITIONS
“Conditions” means these terms and conditions;
“Online Sales” means sales of Goods and Services conducted through the Website;
“Goods” means the tyres (including any fitting of the tyres or any parts for them), batteries or services which etyres is to supply in accordance with these Conditions;
“Customer” means the person whose offer for the Goods is accepted by etyres;
“Services” means services displayed for sale on the Website;
“Users” means the users of the Website collectively;
“User Information” means the details provided by you on any application to buy Goods or Services from us via the Website;
– “We/us/our” means etyres limited;
“Website” means the website located at www.etyres.co.uk or any subsequent URL which may replace it;
“You/your” means a user of the Website;
“etyres” etyres limited;
“Franchisee” means an authorised etyres franchise.
1. INFORMATION ABOUT US
This website is operated by etyres Limited and the Goods you purchase will be supplied by etyres limited or one of it’s Franchisees or agents. We are registered in England and Wales under company number 03445634 and with our Registered Office at Lower Court 3, Copley Hill Business Park, Babraham, Cambridge CB22 3GN. Our VAT number is GB732181653.
You can contact us by e-mail at email@example.com, by telephone on 0800 0289000, by fax on 01223 832944 or write to us at Lower Court 3, Copley Hill Business Park, Babraham, Cambridge CB22 3GN.
2. YOUR PERSONAL INFORMATION
You may place an order to purchase Goods advertised for sale on this website by following the on screen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Order and Pay’ button.
If you submit an order for goods via this website by clicking the ‘Order and Pay’ button your order is an offer to us to buy the goods you have ordered on this site.
We will acknowledge receipt of your order by sending you an automatically generated email acknowledging your order. This is only an acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate e-mail.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
The Customer shall be responsible to etyres for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer, and for giving etyres any necessary information relating to the Goods within a sufficient time to enable etyres to perform the Contract in accordance with its terms. etyres shall incur no liability resulting from inaccurate information being supplied by the Customer. If in doubt please call our customer contact centre who will be able to advise you
The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Confirmation.
etyres reserves the right to change the Goods or any relative specifications (whether such specifications have been submitted by the Customer in the Customer’s order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of etyres.
4. PRICE AND DELIVERY COSTS
Information displayed on this website relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price, or to provide an alternative. If we are unable to contact you or you do not wish to continue with the order at the correct price, or to accept an alternative, we will cancel your order and refund the price you have paid.
Unless stated otherwise, all prices include VAT (where applicable).
5. AVAILABILITY AND DELIVERY
Information displayed on this website relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this website. All orders are subject to availability at all times.
We deliver within mainland United Kingdom only. The etyres network currently covers approximately 75% of most densely populated areas of mainland United Kingdom.
We will deliver the Goods ordered by you to the address you give us when you make your order on this website, or such other address as shall be approved by etyres in advance. Delivery will be made when the Goods are fitted to the Customer’s vehicle.
We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
We are also not responsible for any delay caused by the unavailability of someone to take delivery of the Goods.
6. PUNCTURE REPAIRS
Tyres will be repaired to BS AU159 which involves removing the tyre from the wheel in order that a full inspection can be carried out to ascertain if any internal damage has occurred. As the objective is to return the vehicle to a roadworthy condition it will be necessary for the Customer to have a replacement tyre available in case the punctured tyre is found to be damaged beyond the scope of BS AU159. In order to do this the Customer will pay in full for a replacement tyre. The price paid will be etyres’ current list price at the date of the repair. If a repair can be executed the full cost of the tyre will be refunded by etyres to the Customer.
7. SPECIAL TYRE FITMENTS
Some vehicle manufacturers make recommendations about tyre replacement on certain models. This information is generally published in the owners operating manual but as it is not promulgated to tyre retailers etyres Ltd cannot accept responsibility for non-compliance.
Valve shall mean a new rubber valve of standard specification and of an appropriate length to match the one that it is replacing. High pressure rubber valves will be used to replace those of similar specification. Bolt in metal valves will not be replaced but the valve cores will be replaced at the discretion of etyres Ltd.
We must receive payment in advance before your order can be processed and the Goods can be dispatched, unless we have agreed otherwise in advance in writing. Payment for Goods can be made by one of the following payment methods:
Credit card (Your credit card will be charged following the submission of your order).
Debit card (Your account will be charged following the submission of your order).
10. RIGHT TO CANCEL
You have the right to cancel your order without having to give a reason at any time before the arranged fitting date and to receive a full refund (or where the goods have not been paid for, full credit).
To exercise your right to cancel, you must inform us of your decision to cancel by phone, mail or e-mail using the contact details set out above.
You will not have any right to cancel an order after the goods have been fitted to your vehicle.
11. REFUNDS POLICY
Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any). We will pay the refund within 14 days after the day you notified us to cancel your order. We will refund you using the same means of payment as you used to pay for your order.
11.1 MANUFACTURING DEFECT
In the event of a complaint concerning a suspected manufacturing defect the Customer will pay in full for replacement Goods which etyres will fit. etyres will then return the Goods that are suspected of being defective to the manufacturer for inspection. If the manufacturer confirms that the Goods are defective a refund will be made. The amount of the refund will take into account the nature of the defect and the amount of use that the Customer has derived from the Goods. The decision of the manufacturer will be final.
12. CANCELLATION BY US
We reserve the right to cancel the contract between us if, for example:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area; or
- One or more of the goods you ordered was listed at an incorrect price,
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.
We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied. To ensure we are able to put things rights as soon as we can, please read our complaints
procedure below and we will respond promptly to ensure complete satisfaction. As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Either call us on 0800 028 9000 or email us at firstname.lastname@example.org and we will respond as soon as possible upon receiving your complaint and where possible, will provide you with a date to remedy any issues raised. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0333 241 3209 or via their website:
14. TITLE AND RISK
Risk in the Goods shall pass to the Customer as soon as the Goods are delivered or fitted to any vehicle owned by the Customer or the Customer’s Customer or client or to a place specified by the Customer. Property in or title to the Goods shall remain vested in etyres until the Goods have been paid for in full and that payment is received by etyres.. Until title passes to the Customer all Goods shall be held by the Customer as bailee of etyres and shall be stored separately from any other Goods and identified as the property of etyres. Where tyres or batteries have been fitted to a vehicle they must not be removed from that vehicle without the written consent of etyres and the vehicle must not be sold or disposed of without the written consent of etyres prior to payment being received by etyres.
14.1 RIGHT to REPOSESS
In the event of non-payment or the appointment of a Receiver or Administrator over the whole or part of the Customer’s assets etyres may remove the Goods. Where the Goods are tyres or batteries upon the said removal of the tyres or batteries by etyres a charge will be made by etyres for the amount of tread or battery life used and for the fitting/removal costs involved. The Customer agrees that in the event of etyres requiring to repossess the tyres or batteries etyres will not be responsible for re-fitting the original tyres or batteries which by then may have been disposed of.
All goods remain the property of etyres Ltd until all sums are paid.
14.2 RIGHT TO DISPOSE
Unless otherwise agreed in writing etyres will remove all worn casings, old batteries and any other used items which have been replaced by new Goods and they will be disposed of at the discretion of etyres.
To the extent not prohibited by law, we accept no liability for any:
- loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
- loss which arises when we are not at fault or in breach of these Terms and Conditions; and
- business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer protection Act 1987; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
16. EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control(including, without Imitations, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
We may update, vary and amend these Terms and Conditions from time to ti me without prior notice, Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this Website). Please check this website to ensure that you understand which Terms and Conditions apply.
18. LAW AND JURISDICTION
These terms are governed by English law. Any contract for the purchase of goods from this website and any dispute or cairn arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Scotland you may bring proceedings in Scotland.
Easter offer Terms and Conditions
- Competition details form part of these terms and conditions.
- The prize is for one customer who purchases tyres through etyres to have their purchase price refunded.
- Entry is open to residents of the UK except employees (and their families) of etyres ltd and the suppliers of the prizes and any other companies associated with the competition.
- All customers who purchase tyres through etyres between 04/04/2017 and 17/04/2017 will be entered for the draw.
- The entrant(s) must be aged 18 or over. Proof of identity and age may be required.
All entries must be made directly by the person entering the competition.
- No responsibility can be accepted for entries lost due to computer error in transit.
The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
- Prizes are subject to availability and the prize suppliers’ terms and conditions.
etyres reserve the right to amend or alter the terms of competitions at any time
The winner(s) agree(s) to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by etyres ltd relating to any post-winning publicity.
- Unless stated otherwise the winner(s) will be drawn at random from all qualifying entries received by the closing date stated within the promotional material.
- Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random, or in the event that the promotion is being judged the Promoter reserves the right to offer the prize to the runner(s)-up selected by the same judges.
- The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- Failure to respond or meet the eligibility requirements may result in forfeiture of the prize.
- The winning decision is final as set out in the promotional criteria set and no correspondence will be entered into over this decision.
- Competitions may be modified or withdrawn at any time.
- The provider of the prize is specified within the promotional material.
- The Promoter is etyres Ltd Lower Court 3, Copley Hill Business Park, Babraham, Cambridge, CB22 3GN
- In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.