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Terms and Conditions

Who We Are

We are NeedNewTyres.com who are owned and operated by Easy Mobile Tyre Fit Ltd a company incorporated under the Companies Acts with company number 05254280.

Our registered office is at Hoylake Service Station, 29 Hoylake Road, Moreton CH46 5NA. Our telephone number is +44 (0) 151 632 6067 and our fax number is +44 (0) 151 633 2049.

Please remember that throughout these terms when we mention “we”, “us” or “our”, we mean NeedNewTyres.com. When we refer to “you” we mean the user of our website.

About these Terms and Conditions

You are reading the terms and conditions for the use of the www.NeedNewTyres.com website (which we refer to as "this website"). These terms and conditions make a legally binding contract between you and us. Your acceptance of these terms and conditions is made by you using this website and is dated to your first use of this website. If you do not accept the terms and conditions or any part of them you should stop using this website immediately.

We reserve the right to make changes to these terms and conditions from time to time which will take effect from the date of posting on this website. Your continued use of this website will constitute your acceptance of any changes to these terms and conditions.

We may from time to time display additional terms and conditions on this website, for example in connection with a specific promotion or in connection with the sale of goods or services. If the terms and conditions for use of this website should conflict in any way with such additional terms then the additional terms will prevail.

About Linking by Hypertext to our Website

Before providing a link to this website you must seek our permission. To do this, e-mail info@neednewtyres.com with details of the URL which you wish to link to this website and the URL of the page on which you will be displaying the link. We do not permit the display of any web pages which form part of this website in any html frame unless we have expressly authorised such display in writing.

About Copyright etc in our Website

For the purposes of these terms and conditions the expression “Website Information” means the images, graphics, text, applets and scripts operating, operating in, or which form part of, this website.

All intellectual property rights (including, without limitation, copyright) in the Website information are owned by NeedNewTyres.com.

You may view Website Information in a web browser for private browsing purposes only.  Copying Website Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted. You may not make a copy of the Website Information or any part of it for any other purpose without our prior written consent, which may be granted at our sole discretion (or where we do not own the copyright, we will direct you to the owner themselves for such consent). Nothing in these terms and conditions or on this website constitutes a licence to use or copy the Website Information.

We may publish on this website images or text in which the copyright is not owned by us or which is not owned completely by us. Where this is done, and where practicable, we acknowledge the copyright owner.

About Trade Marks in this Website

We may also use some trademarks on this website which are not owned by us.  Where practicable, we acknowledge the relevant trademark owners.

About the Accuracy of the Website Information

This section should be read together with, and subject to, the section below entitled Further Information About our Liability to You.

The Website Information is provided “as is” and we make no representation, endorsement or warranty as to its accuracy.  We will not be liable for any action taken (or not taken) in reliance upon the Website Information and such action is taken entirely at your own risk.   We reserve the right to make any changes to the Website Information without notice and without liability to you. 

External websites to which we provide hypertext links are not under our control and we take no responsibility for them and shall not be liable in any way for their content.

This website, like any other, is susceptible to cyber-squatting and vandalism. We do not accept any responsibility for, nor liability in respect of, any information which appears on this website as a result of such actions.

The operation of this website depends on the input of information by you. The service provided by us depends on, and varies according to, the accuracy of such inputted information. We can therefore accept no responsibility for, or any liability in respect of, the input of inaccurate information to this website by you and/or any third parties.

Should you find any inaccurate information on this website or have any complaint about what we have published on this website please send an e-mail to info@neednewtyres.com. We will investigate such e-mails on receipt and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.

About the Internet, Service Interruption, Viruses etc.

We and all other web publishers have no control over the Internet, which is a global public network of computers and the method by which you access this website. As a consequence and in common with most web publishers we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through this website.

About Personal Information and our Privacy Policy

We have a separate Privacy Policy, which relates to our use of your personal information. We would encourage you to read our Privacy Policy. Our Privacy Policy is available on this website and can be found by clicking on the following link: http://www.neednewtyres.com/index.php/privacy-policy

This website makes use of cookies. Cookies are data held in your web browser. They do not in themselves identify who you are or your other personal data (i.e. your name, address, email address and similar information) to us. They do allow us to monitor your use of this website.

Further Information About our Liability to You

So far as lawfully possible, we exclude all liability to you in contract or delict. We also exclude liability for any consequential or indirect loss, which may be caused to you by us. Notwithstanding any other provision of these terms and conditions, nothing in these terms and conditions shall, or shall be construed as purporting to, exclude or restrict liability in respect of death or personal injury for breach of duty arising in the course of business or from the occupation of business premises.

About the Law relating to these Terms and Conditions

We are situated in England and the laws of England shall govern any interpretation of these terms and conditions. The English courts shall have jurisdiction in any disputes between us in respect of these terms and conditions and the use of this website.

 

Terms & Conditions for website sale of tyres and tyre fitting services

1. INTERPRETATION

1.1 In these Conditions:

'NNT' means NeedNewTyres.com, a company owned and operated by Easy Mobile Tyre Fit Ltd incorporated under the Companies Acts (Company No. 05254280) and having its registered office at Hoylake Service Station, 29 Hoylake Road, Moreton CH46 5NA.

'NNT Site' means the website published by NNT on the World Wide Web of the Internet with the uniform resource locator http://www.neednewtyres.com

'Conditions' means these terms and conditions for website sale of tyres and tyre fitting services.

'Contract' means the contract for the purchase and sale of the Goods as constituted and evidenced by the Customer's Order and the Order Confirmation.

'Customer' means the person whose offer for the Goods is accepted by NNT.

'Customer's Order' means an order from the Customer submitted to NNT through the NNT site by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the NNT Site.

'Force Majeure' means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of NNT or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery.

'Fully Fitted Service' means the service provided by NNT for the sale of tyres to Customers via the NNT Site and the subsequent arranging of fitting of such tyres to Customers' vehicles using third party service providers.

'Goods' means the tyres (including any fitting of the tyres or any parts for them) or services, which NNT is to supply in accordance with these Conditions.

'Mail Order Service' means the service provided by NNT via the NNT Site for the sale and delivery of tyres to Customers.

'Order Confirmation' means confirmation in Writing by NNT of acceptance of the Customer's Order issued prior to supply of the Goods to the Customer.

'Writing' includes electronic mail, telex, cable, facsimile transmission and comparable means of communication.

2. BASIS OF THE SALE

2.1 NNT shall sell and the Customer shall purchase the Goods in accordance with the Customer's Order and Order Confirmation, subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such offer is made or purported to be made by the Customer.

2.2 The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the NNT Site constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon NNT to sell any item to the Customer.

2.3 No variation to these Conditions shall be binding unless agreed in Writing between authorised representatives of the Customer and NNT.

2.4 NNT employees or agents are not authorised to make any representations concerning the Goods unless confirmed by NNT in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations, which are not so confirmed.

2.5 Any advice or recommendation given by NNT or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by NNT is followed or acted upon entirely at the Customer's own risk, and accordingly NNT shall not be liable for any such advice or recommendation which is not so confirmed.

2.6 Whilst every effort is made by NNT to ensure no such error or omission occurs, any typographical, clerical or other error or omission in any sales literature, price list, website text, acceptance of offer, invoice or other document or information issued by NNT shall be subject to correction without any liability on the part of NNT.

3. OFFERS AND SPECIFICATIONS

3.1 The Customer's Order shall not be deemed to be accepted by NNT unless and until the Order Confirmation has been issued to the Customer.

3.2 The Customer shall be responsible to NNT for ensuring the accuracy of the terms of the Customer's Order submitted by the Customer, and for giving NNT any necessary information relating to the Goods within a sufficient time to enable NNT to perform the Contract in accordance with its terms. NNT shall incur no liability resulting from inaccurate information being supplied by the Customer.

3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Confirmation.

3.4 NNT 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 NNT.

3.5 Subject to Clause 8.1, the Customer's Order may not be cancelled by the Customer after the Order Confirmation has been issued except with the agreement in Writing of NNT and on terms that the Customer shall indemnify NNT in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by NNT as a result of cancellation by the Customer of the Customer's order.

4. PRICE OF THE GOODS

4.1 The price of the Goods shall be the price specified by NNT in the Order Confirmation or, where no price is quoted in the Order Confirmation, the price listed in NNT price list or website text on the NNT Site current at the date and time of the Order Confirmation.

4.2 NNT reserves the right, by giving notice to the Customer at any time before issuing of the Order Confirmation, to increase the price of the Goods to reflect:

4.2.1 any increase in the cost to NNT which is due to any factor beyond the control of NNT (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture),

4.2.2 any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer or

4.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give NNT adequate information or instructions.

4.3 The price of the Goods shall be inclusive of any applicable Value Added Tax.

5. TERMS OF PAYMENT

5.1 Subject to any special terms agreed in Writing between the Customer and NNT, NNT shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer's Order.  NNT shall debit the Customer's credit/debit card with payment in full for the Goods and applicable Value Added Tax on or after the date of the Customer's Order.

5.2 The Customer shall be obliged to pay the price of the Goods on the date of the Customer's Order. NNT shall be entitled to recover the price of the Goods, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued.

5.3 If the Customer fails to make any payment by the relevant due date or if payment is declined or not authorised by the issuer of the Customer's credit/debit card when processed by NNT then, without prejudice to any other right or remedy available to NNT, NNT shall be entitled to:

5.3.1 cancel the Contract or suspend any further deliveries to the Customer

5.3.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and NNT) as NNT may think fit (notwithstanding any purported appropriation by the Customer); and

5.3.3 charge the Customer interest (both before and after any decree or judgement) on any amount unpaid, at the rate of four per cent per annum above the Bank of Scotland base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

6. DELIVERY

6.1 Where a Customer has booked the Mail Order Service, delivery of the Goods shall be made by NNT or its nominated carrier delivering the Goods to the delivery address specified in the Order Confirmation or such other address as shall be approved of in advance by NNT.

6.2 Where a Customer has booked the Fully Fitted Service, delivery of the Goods shall be made by NNT or its nominated fitting agent, when the Goods are fitted to the Customer's vehicle by the fitting agent as specified in the Order Confirmation or such other address as shall be approved of in advance by NNT.

6.3 Any dates quoted for delivery and/or fitting of the Goods are approximate only and not guaranteed and NNT shall not be liable for any delay in delivery and/or fitting of the Goods howsoever caused. Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by NNT in Writing. Where the Customer books the Mail Order Service, the Goods may be delivered by NNT in advance of the quoted delivery date upon giving reasonable notice to the Customer.

6.4 If the Customer fails to take delivery of the Goods or fails to give NNT adequate delivery instructions in the Customer's Order then, without prejudice to any other right or remedy available to NNT, NNT may:

6.4.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage

6.4.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract

6.4.3 return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.

6.5 Delivery of the Goods shall be evidenced by the return to NNT of its or its authorised carriers' official packing/delivery note which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it.

7. RISKS AND PROPERTY

7.1 Risk of damage to or loss of the Goods shall pass to the Customer:

7.1.1 In the case of the Mail Order Service at the time when the Goods are delivered to the delivery address specified in the Customer's Order or such other address as shall have been approved of in advance by NNT

7.1.2 In the case of the Fully Fitted Service (subject to the terms and conditions of the relevant tyre fitting agreement between NNT and the relevant fitting centre to the contrary which, if any such agreement exists, shall take precedence) at the time when the Customer is notified that the Goods have been fitted and are ready for collection.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to and in the Goods shall not pass to the Customer until all sums due by the Customer to NNT (including any applicable interest and charges) have been paid in full.

7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall keep the Goods separate from those of third parties and properly stored, protected and insured and identified as NNT property.

7.4 Until such time as the property in the Goods passes to the Customer, NNT shall be entitled at any time to require the Customer to deliver up the Goods to NNT and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall be obliged to assist and allow NNT to repossess the Goods.

7.5 The Customer shall not be entitled in any way to charge by way of security for any indebtedness any of the Goods, which remain the property of NNT, but if the Customer does so, all moneys owing by the Customer to NNT shall (without prejudice to any other right or remedy of NNT) forthwith become due and payable.

8. RETURNS

8.1 In the case of the Mail Order and Fully Fitted Services and subject to Clause 8.2, within 7 days of the day after the day of delivery of the Goods to the Customer, or before the arranged fitting date, the Customer shall be entitled to cancel the Contract, return the Goods and receive a full refund (or where the goods have not been paid for, full credit), provided that the Goods have not been used in any way, are in the same good condition in which they were received by the Customer and are returned to NNT. In such event the Customer shall be responsible for the costs of returning the Goods and shall indemnify NNT or demand against all and any such costs. If NNT collect the goods, NNT retains the right to charge the customer for any direct costs associated with the return of the goods. No additional restocking charge or administrational charge will be added in accordance with Distance Selling Regulations. NNT customer service centre can be contacted for an accurate cost on returning goods as costs may vary depending on tyre specification and location For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry's website at: http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html

8.2 Subject to Clause 8.1, refunds to the Customer are entirely at the discretion of NNT.  In the event that NNT, in their sole discretion, grant a refund to a Customer, any costs incurred by NNT in procuring that refund shall be borne by the Customer.

9. LIABILITY

9.1 NNT shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer's Order. NNT shall have no liability for errors in any Customer's Order and any loss (or otherwise) that may arise there from.

9.2 NNT shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow NNT instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without NNT approval.

9.3 Save as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.

9.4 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to NNT in Writing within 48 hours from the date of delivery or fitting (in the case of Fully Fitted Service) or where the defect or failure was not apparent on reasonable inspection) within 24 hours after discovery of the defect or failure.

9.5 Subject to Clause 8.1, if delivery is not refused, and the Customer does not notify NNT in accordance with Clause 9.4, the Customer shall not be entitled to reject the Goods and NNT shall have no liability for such defect or failure.

9.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to NNT in accordance with these Conditions, NNT shall be entitled to replace the Goods (or the part in question) free of charge or, at NNT sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but NNT shall have no further liability to the Customer or any other person.

9.7 Except in respect of death or personal injury caused by NNT negligence, NNT shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of NNT, its employees or agents or otherwise) which arise out of or in connection with the supply or fitting of the Goods or their use or resale by the Customer, and the entire liability of NNT under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

9.8 NNT shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of NNT obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond NNT reasonable control.

10. INSOLVENCY OF CUSTOMER

10.1 If the Customer makes any voluntary arrangement with its 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 of 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 NNT reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly, then without prejudice to any other available right or remedy, NNT shall be entitled to cancel the Contract or suspend any further deliveries without any liability to the Customer, 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.

11. GENERAL

11.1 NNT 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.

11.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

11.3 No waiver by NNT of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

11.5 The Contract and these Conditions shall constitute the entire agreement between the Customer and NNT in respect of the supply of the Goods and shall supersede all previous oral or written representations or agreements relating thereto. In particular, the Customer may not rely on any statements made by any employee, representative or agent of NNT.

11.6 NNT may assign the Contract with the Customer or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity. Unless otherwise agreed in Writing, the Customer may not assign either the benefit or the burden of any contract with NNT.

11.7 The Contract shall be governed by the law of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.


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