This website is operated by TyreSite (referred to as "TyreSite/we/our/us").
As user of this website (referred to as "you/your") you acknowledge
that any use of this website including any transactions you make ("use/using")
is subject to our terms and conditions below which includes any other important
hyper-linked sections.
- read through these terms and conditions carefully before using this website.
- print a copy for future reference.
A. General
- We reserve the right to change these terms and conditions at any time.
Any such changes will take effect when posted on the website, it is your
responsibility to read the terms and conditions on each occasion you use
this website and your continued use of the website shall signify your acceptance
to be bound by the latest terms and conditions.
- If you are not a consumer, you confirm that you have authority to bind
any business on whose behalf you use this website.
B. Order process
- All orders that you place on this website will be subject
to acceptance in accordance with these terms and conditions.
- The 'confirmation' stage sets out the final details of your order. Following
this, we will send to you an order. acknowledgement email detailing the
products you have ordered. Please note that this email is not an order confirmation
or order acceptance from TyreSite.
- Acceptance of your order and the completion of the contract between you
and us will take place on despatch to you of the products ordered unless
we have notified you that we do not accept your order or you have cancelled
it.
C. Delivery
- We make every effort to deliver goods within the estimated timescales,
however delays are occasionally inevitable due to unforeseen factors. TyreSite shall
be under no liability for any delay or failure to deliver the products within estimated
timescales.
- Risk of loss and damage of products passes to you on the date when the
products are delivered or on the date of first attempted delivery by us.
D. Payment
- We take payment from your card at the time we receive your
order, once we have checked your card details and stock availability. Goods are
subject to availability. In the event that we are unable to supply the goods, we
will inform you of this as soon as possible. A full refund will be given where you
have already paid for the goods.
- The price you pay is the price displayed on this website at the
time we receive your order apart from the following two exceptions:
1. The product is unsuitable, every order is checked. If there is a problem with
your order then you will be contacted by an advisor.
2. While we try and ensure that all prices on our website are accurate,
errors may occur. If we discover an error in the price of goods you have
ordered we will inform you as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we are
unable to contact you we will treat the order as cancelled. If you cancel
and you have already paid for the goods, you will receive a full refund.
- Payment can be made by any method specified on the website.
- Title to any products you order on this website shall pass to
you on delivery of the products provided that we have processed and received payment
in full for the products.
- All prices include VAT (where applicable) at the applicable current
rates but exclude delivery charges, unless expressly stated.
E. Returns, Cancellations and Substitutions
- We offer a 7 day money back guarantee. You can return any goods to us
un-used within 7 days and we will refund in full minus any carriage charges
incurred.
- Sometimes the product specifications from the manufacturer may change,
in which case we will do our best to offer you a substitute of the same
or better quality at the same price. If you are not happy with the replacement
you can return it in accordance with our 7 day money back guarantee. Where
applicable, you may cancel your order in accordance with your rights under
the Distance Selling Regulations.
F. Intellectual Property
- You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights in all materials and/or content
made available as part of your use of this website shall remain at all times vested
in us or our licensors. You are permitted to use this material only as expressly
authorised by us or our licensors.
- You acknowledge and agree that the material and content contained
within this website is made available for your personal non-commercial use only
and that you may only download such material and content for the purpose of using
this website. You further acknowledge that any other use of the material and content
of this website is strictly prohibited and you agree not to (and agree not to assist
or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
G. Liability and Indemnity
- Nothing in these terms and conditions excludes
or limits liability for death or personal injury caused by negligence, fraudulent
misrepresentation, or any other liability which may not otherwise be limited or
excluded under applicable law.
- Subject to Section G1 above, TyreSite will use reasonable endeavours
to verify the accuracy of any information on the site but makes no representation
or warranty of any kind express or implied statutory or otherwise regarding the
contents or availability of the site or that it will be timely or error-free, that
defects will be corrected, or that the site or the server that makes it available
are free of viruses or bugs or represents the full functionality, accuracy, reliability
of the website TyreSite will not be responsible or liable to you for any loss
of content or material uploaded or transmitted through the website and TyreSite
accepts no liability of any kind for any loss or damage from action taken or taken
in reliance on material or information contained on the site.
- Subject to Section G1 above, other than as expressly provided
in these terms and conditions with respect to specific products and except for the
exclusive remedies set out at Section E above, any indemnities, warranties, terms
and conditions (whether express or implied) are hereby excluded to the fullest extent
permitted under applicable law.
- Subject to Section G1 above, TyreSite will not be liable, in
contract, tort (including, without limitation, negligence), pre-contract or other
representations (other than fraudulent on negligent misrepresentations) or otherwise
out of or in connection with the terms and conditions for any:
1)
economic losses (including without limitation loss of revenues, data, profits, contracts,
business or anticipated savings);
2) or loss of goodwill or reputation; or;
3)
special or indirect losses.
suffered or incurred by that party arising out of or in connection with the provisions
of any matter under these terms and conditions.
- Notwithstanding the above, subject to Section G1 TyreSite aggregate
liability (whether in contract, tort or otherwise) for loss or damage shall in any
event be limited to a sum equal to the amount paid or payable by you for the product(s)
in respect of one incident or series of incidents attributable to the same clause.
- This clause G does not affect your statutory rights as a consumer,
nor does it affect your contract cancellation rights.
- We will take all reasonable precautions to keep the details of
your order and payment secure, but, unless we are negligent, we cannot be held liable
for any losses caused as a result of unauthorised access to information provided
by you.
H. Miscellaneous Provisions
- The contract between us shall be governed
by the laws of England and any dispute between us will be resolved exclusively in
the courts of England. English is the only language offered for the conclusion of
the contract.
- We have selected our products on the basis that they will be used
for domestic use only, if you are planning to use them for business purposes please
make sure that you are covered by appropriate insurance.
- TyreSite shall be under no liability for any delay or failure
to deliver products or otherwise perform any obligation as specified in these terms
and conditions if the same is wholly or partly caused whether directly or indirectly
by circumstances beyond its reasonable control.
- To provide increased value to our customers, we may provide links
to other websites or resources for you to access at your sole discretion. You acknowledge
and agree that, as you have chosen to enter the linked website we are not responsible
for the availability of such external sites or resources, and do not review or endorse
and are not responsible or liable, directly or indirectly, for (1) the privacy practices
of such websites, (2) the content of such websites, including (without limitation)
any advertising, content, products, goods or other materials or services on or available
from such websites or resources or (3) the use to which others make of these websites
or resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such advertising, content,
products, goods or other materials or services available on such external websites
or resources.
- You may not assign or sub-contract any of your rights or obligations
under these terms and conditions or any related order for products to any third
party unless agreed upon in writing by TyreSite.
- TyreSite reserves the right to transfer, assign, novate or sub-contract
the benefit of the whole or part of any of its rights or obligations under these
terms and conditions or any related contract to any third party.
- If any portion of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity or enforceability
of the other sections of these terms and conditions shall not be affected.
- These terms and conditions do not create or confer any rights
or benefits enforceable by any person that is not a party (within the meaning of
the U.K. Contracts (Rights of Third Parties) Act 1999) except:
1) TyreSite (as defined below) shall have the right to enforce any rights or benefits
under these terms and conditions;
2) TyreSite shall have the right to enforce and take the benefit of the rights
or benefits of any limitation or exclusion or limitation of liability in these terms
and conditions;
3) a person who is a permitted successor or assignee under Section H8 above of
the rights or benefits of these terms and conditions may enforce such rights or
benefits.
4) No consent from the persons referred to in Section H9 is required for the parties
to vary or rescind these terms and conditions (whether or not in any way that varies
or extinguishes rights or benefits in favour of such third parties). - No delay or failure by TyreSite to exercise any powers,
rights or remedies under these terms and conditions will operate as a waiver of
them nor will any single or partial exercise of any such powers, rights or remedies
preclude any other or further exercise of them. Any waiver to be effective must
be in writing and signed by an authorised representative of TyreSite.
- These terms and conditions including the documents or other sources
referred to in these terms and conditions supersede all prior representations understandings
and agreements between you and TyreSite relating to the use of this website (including
the order of products) and sets forth the entire agreement and understanding between
you and TyreSite for your use of this website.
The TyreSite website is operated by
TyreSite
Unit 1, Swains Industrial Estate
Ashingdon Road
Rochford
Southend
Essex
SS4 1RF
We recommend you print out a copy of these terms and conditions for your future
reference. If you have any questions regarding the TyreSite website please
see the contact section
for more information and full contact details.