Terms and Conditions
TERMS AND CONDITIONS FOR WEBSITE SALE OF PRODUCTS
In these terms and conditions of sale;
‘The Customer’ means the individual, person, company or other body whose offer for Products is accepted by the Seller.
‘The Seller’ means Vigilant Plc.
‘Products’ means Pneumatic tyres, covers, tubes, batteries and any other products, services or materials offered for sale by Vigilant Plc or its Agents.
‘Conditions’ means these terms and conditions for website sale of Products.
‘Contract’ means the contract for the purchase and sale of the Products as constituted and evidenced by the Customer’s fitting request and the fitting request Confirmation.
‘Fitting Request’ means an order from the Customer submitted to the Seller through the Seller’s websites 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 Seller’s Websites or by telephone.
‘Fitting Request Confirmation’ means the automated confirmation of receipt of the Customer’s Order by the Seller. This is not confirmation of the acceptance of the Customer’s Order by the Seller.
‘Fitted Services’ means the service provided by the Seller for the sale of Products to Customers via the Seller’s website, the arranging of delivery of such Products to the third party fitting service providers and to subsequent fitting of such Products to the Customer’s vehicles using third party service providers;
‘Goods’ means Products.
‘Mail Order Service’ means the service provided by the Seller via the Seller’s website for the sale and delivery of Products to Customers without the provision of a fitting service.
‘Order Confirmation’ means confirmation in Writing by the Seller of acceptance of the Customer’s fitting request issued prior to supply of the Products to the Customer.
‘Writing’ includes electronic mail, telex, cable, facsimile transmission and comparable means of communication.
‘The Reader’ means any person who reads this website, in part or complete or who gains access to any information contained within this website, regardless of whether they place or intend to place an order for the Products offered for sale within this website or not.
Words denoting the singular shall include the plural and vice versa
1.1 All contracts of sale are accepted by the Seller subject to these terms and conditions to the exclusion of all other terms and conditions specified by the Customer. Acceptance is conditional upon the availability of the Products and fitting capacity, at the sole discretion of the Seller. The placing of a fitting request using www.tyrefitdirect.co.uk shall constitute acceptance by the Customer of these terms and conditions.
1.2 We retain the right to refuse to accept your booking and/or order solely at our discretion. If we are concerned that you are attempting to place an order dishonestly, fraudulently, by impersonating someone else or are attempting to use payment details which have been stolen we will make additional checks as to your standing and if appropriate involve external authorities.
2.1 The Seller reserves the right to change the Products or any relative specifications (whether such specifications have been submitted by the Customer in the Customer’s fitting request or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of the Seller.
2.2 Subject to Clause 6.1 and Clause 6.2, the Customer’s fitting request may not be cancelled by the Customer after the request has been accepted except with the agreement in Writing of the Seller and on terms that the Customer shall indemnify the Seller 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 the Seller as a result of cancellation by the Customer of the Customer’s order.
2.3 It is the responsibility of the Customer to order the correct tyre specification for fitment. If the Customer is unsure how to identify the correct tyre specification, they should contact the Seller before placing an order.
2.4 In the event that the fitment of tyres is not possible due to the Customer not ordering the correct tyre specification or not facilitating adequate access for the fitting to be safely or practically undertaken, the Customer shall indemnify the Seller 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 the Seller and hereby authorises the payment of up to £50.00 as a contribution towards the costs incurred by the Seller .
2.5 The Seller accepts no responsibility for and, to the fullest extent permitted by law, excludes all and any liability for any losses suffered as a result of any of our customers selecting and/or ordering from us the incorrect tyre including but not limited to specification (e.g. Runflat / Reinforced / Winter tyre) provided that nothing in these terms limits or excludes the Seller’s liability for death or personal injury caused by its proven negligence.
3.1 All prices quoted by the Seller on the TyreFitDirect website, in brochures, price lists, correspondence, advertisements or promotional literature are subject to confirmation at time of order, and
3.2 The Seller reserves the right, by giving notice to the Customer at any time before accepting the Order, to increase the price of the Products to reflect:-
3.2.1 any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour or transport, materials or other costs of manufacture),
3.2.2 any change in delivery dates, quantities or specifications for the Products which is requested by the Customer, or
3.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Seller adequate information or instructions.
3.3 The price of the Products shall be inclusive of any applicable Value Added Tax.
3.4 All pricing on this site is in pounds sterling. Our pricing is inclusive of UK Value Added Tax. Offers are for retail customers only.
3.5 Our website contains a large number of Products and services and it is always possible that, despite our best efforts, some of the Products and/or services listed on this website are incorrectly priced. We verify the prices included in your order to us as part of our processing procedures so that, where Products and/or services are incorrectly priced we may, at our discretion, either contact you for your instructions in relation to your order or reject your order and notify you of such rejection.
3.6 Unless otherwise stated the cost of fitting any parts purchased is included in your quotation.
3.7 All prices quoted on the Seller’s website, in brochures, price lists, correspondence, advertisements or promotional literature are subject to confirmation at the time the fitting request is accepted.
4. Payment and Refund
4.1 Subject to any special terms agreed in Writing between the Customer and the Seller, the Seller shall be entitled to payment in full for the price of the Products (including VAT) on the date of the Customer’s fitting request acceptance by the Seller and:
4.1.1 The Seller shall debit the Customer’s credit/debit card with payment in full for the Products and applicable Value Added Tax on or after the date of the acceptance of the Customer’s Order;
4.1.2 The Customer shall be obliged to pay the price of the Products on the date of the Customer’s Order;
4.1.3 The Seller shall be entitled to recover the price of the Products, notwithstanding that delivery may not have taken place and the property in the Products has not passed to the Customer;
4.1.4 The time of payment of the price shall be of the essence of the Contract;
4.1.5 Receipts for payment will be issued.
4.2 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 the Seller then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
4.2.1 Cancel the Contract or suspend any further deliveries to the Customer;
4.2.2 Appropriate any payment made by the Customer to such of the Products (or the Products supplied under any other contract between the Customer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Customer); and
4.2.3 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 England 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).
4.3 All Products are payable at the time of order, unless the Purchaser has an approved credit account. If the Purchaser has an approved credit account Payment for the Products shall be not later than 30 days from the date of invoice. At its sole discretion the Seller may cancel or amend any credit limit previously granted.
4.4 The Seller reserves the right to make an additional charge of 3% of the total value of any order, paid for by credit card. This additional charge is not applicable to orders paid for by debit cards.
4.5 All queries will be dealt with at the original fitting location. It is the responsibility of the Purchaser to return the vehicle to the original fitting location for this purpose.
5. Delivery of Products and/or Services
5.1 Where a Customer has booked the Mail Order Service, delivery of the Products shall be made by the Seller or its nominated carrier delivering the Products to the delivery address specified in the Order Confirmation or such other address as shall be approved of in advance by the Seller.
5.2 Where a Customer has booked the mobile fitting service, delivery of the Products shall be made by the Seller when the Products are fitted to the Customer’s vehicle by the fitters specified in the fitting request confirmation or at such other address as shall be approved of in advance by the Seller.
5.3 Any dates quoted or times for delivery and/or fitting of the Products are approximate only and not guaranteed and the Seller shall not be liable for any delay in delivery and/or fitting of the Products howsoever caused. Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. Where the Mail Order Service is booked by the Customer, the Products may be delivered by the Seller in advance of the quoted delivery date.
5.4 If the Customer fails to take delivery of the products or fails to give the Seller adequate delivery instructions in the Customer’s fitting request then, without prejudice to any other right or remedy available to the Seller, the Seller may:
5.4.1 Store the Products until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
5.4.2 Sell the Products 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; or
5.4.3 Return the Products to the supplier and charge the Customer for any costs incurred as a result of such return.
5.5 Delivery of the Products shall be evidenced by the return to the Seller of its or its authorised carriers’ official packing/delivery note which, howsoever signed as acknowledgement of receipt of the Products, shall constitute absolute proof of delivery of the items specified in it.
5.6 The Seller will not be liable for any economic losses arising in any manner whatsoever out of or in any way connected with any delays to or complications encountered fulfilling any fitting request confirmations issued by it, provided that nothing in these terms limits or excludes the Seller’s liability for death or personal injury caused by its proven negligence.
5.7 Wheels removed from your vehicle to be replaced with Alloy wheels purchased from the Seller will be left with you unless otherwise agreed with the Seller.
5.8 Subject to your statutory rights (which shall not be affected by this provision), once fitted to your vehicle a tyre, wheel or any other part cannot be exchanged.
5.9 Repairs will be carried out at the original fitting location. It is the responsibility of the Purchaser to return the vehicle to the original fitting location for this purpose.
5.10 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 Seller 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 Purchaser will pay in full for a replacement tyre. The price paid will be the Seller’s 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 the Seller to the Purchaser.
5.11 It is the responsibility of the Purchaser to provide adequate and safe access to the vehicle to allow the fitment of tyre(s) to take place. This includes but is not limited to; where appropriate, access to any keys that will allow the removal of the vehicle’s wheels. In the event that the fitment of tyres is not possible due to the Purchaser failing to provide adequate and safe access the Purchaser shall be liable to pay, and hereby authorises the payment of up to £50.00 as a contribution towards the costs incurred by the Seller.
5.12 If for any reason we are unable to fulfill the fitting, at no fault of our own, a call-out fee of a minimum of £25 may be applied. The following are examples of the reasons but by no means limited to this list – buckled or damaged wheels, bolt(s) seized, wheel(s) seized, damaged or non-functioning locking wheel nut key, damaged bolts, customer not present.
6. Cancellation and Returns
6.1 You have the right to cancel any online purchase of Fitted Services or online booking of Fitted Services without charge by giving written notice of such cancellation to the Seller within seven working days (being all days other than Saturdays, Sundays or public holidays) from the date after the day of such online purchase or online booking except in relation to services when the Seller has, with your consent, commenced the performance of the services included in such online purchase or online booking before the end of such seven working days and such right to cancel any such services shall, in any event, expire after the performance of such services has commenced with your consent.
6.2 In the case of the Mail Order Services and subject to Clause 6.3, within 7 days of the day after the day of delivery of the Products to the Customer, the Customer shall be entitled to cancel the Contract, return the Products and receive a full refund (or where the Products have not been paid for, full credit), provided that the Products 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 the Seller. In such event the Customer shall be responsible for the costs of returning the Products and shall indemnify the Seller or demand against all and any such costs. If the Seller collects the Products, the Seller retains the right to charge the customer for any direct costs associated with the return of the Products.
6.3 Subject to Clause 8.1, refunds to the Customer are entirely at the discretion of the Seller. In the event that the Seller, in their sole discretion, grant a refund to a Customer, any costs incurred by the Seller in procuring that refund shall be borne by the Customer.
6.4 In the event of cancellation the Seller reserves the right to make an administration charge and to pass on any cost incurred by the Seller to the Purchaser.
7. Acceptance of Products and Services
7.1 Risk of damage to or loss of the Products shall pass to the Customer:
7.1.1 In the case of the Mail Order Service at the time when the Products are delivered to the delivery address specified in the Customer’s fitting request or such other address as shall have been approved of in advance by the Seller; or
7.1.2 In the case of the Mobile Fitting Service (subject to the terms and conditions of the relevant tyre fitting agreement between the Seller 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 Products have been fitted and are ready for collection.
7.2 Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Conditions, the title to and in the Products shall not pass to the Customer until all sums due by the Customer to the Seller (including any applicable interest and charges) have been paid in full.
7.3 Until such time as the property in the Products passes to the Customer, the Customer shall keep the Products separate from those of third parties and properly stored, protected and insured and identified as the Seller’s property.
7.4 Until such time as the property in the Products passes to the Customer, the Seller shall be entitled at any time to require the Customer to deliver up the Products to the Seller and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Products are stored and repossess the Products. The Customer shall be obliged to assist and allow the Seller to repossess the Products.
7.5 The Customer shall not be entitled in any way to charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Customer does so, all monies owing by the Customer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8.1 The Seller shall be under no liability in respect of any defect in the Products arising from any inaccuracy in the Customer’s fitting request. The Seller shall have no liability for errors in any Customer’s fitting request and any loss (or otherwise) that may arise there from.
8.2 The Seller shall be under no liability in respect of any defect in the Products arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing) or misuse or alteration or repair of the Products without the Seller’s approval.
8.3 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.
8.4 Any claim by the Customer which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Seller in writing within 48 hours from the date of delivery or fitting (in the case of Mobile Fitting Service) or where the defect or failure was not apparent on reasonable inspection) within 24 hours after discovery of the defect or failure.
8.5 Where any valid claim in respect of any of the Products which is based on any defect in the quality or condition of the Products or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Products (or the part in question) free of charge or, at The Seller’s sole discretion, refund to the Customer the price of the Products (or a proportionate part of the price), but The Seller shall have no further liability to the Customer or any other person.
8.6 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller 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 the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply or fitting of the Products or their use or resale by the Customer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Products, except as expressly provided in these Conditions.
8.7 The Customer agrees and understands that no claim will be accepted by The Seller regarding the removal, fitting or refitting of tyres requiring locking wheel nut keys or similar products. Additionally, no claim will be accepted for the damage of locking wheel nut keys, bolts, threads or other parts involved in the replacement of any tyre.It is the sole responsibility of The Customer to ensure that the nuts are in complete working order and fit for purpose. It is agreed and accepted that all damage, whether incidental or not, will be the responsibility of The Customer, unless it is otherwise proved that the fitter acted in a negligent manner. It is agreed and accepted that should any damage be noted to the wheels, tyres, bodywork or any other damage, at a stage of the tyre fitment, it is the responsibility of The Customer to immediately notify The Seller, and only The Seller, of the occurence whilst the tyre fitter is in situ. If the fitter has left and/or a satisfaction sheet has been signed by The Customer, The Seller cannot accept any claim for any damage.
8.8 It is the sole responsibility of the Customer to ensure they have received back any locking wheel nut keys or following the fitment of tyres. The Seller cannot be held responsible for the loss of locking wheel nut keys.
8.9 The Seller 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 the Seller’s obligations in relation to the Products, if the delay or failure was due to any Force Majeure or other cause beyond the Seller’s reasonable control.
8.10 The Customer understands that the Seller cannot be held responsible for any damage or loss to items left in the vehicle during the fitting of tyres. This is the sole responsibility of the The Customer.
8.11 The Customers understands and agrees that the Seller cannot be held responsible for the actions of any third party fitter, if used by the Seller. It is agreed that the Customer will have to prove that the fitter has acted in a negligent or unlawful manner.
9.1 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 the Seller 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, the Seller shall be entitled to cancel the Contract or suspend any further deliveries without any liability to the Customer, and if the Products have been delivered, but not paid for, the price of the Products shall become immediately due and payable in full notwithstanding any previous agreement or arrangement to the contrary. Furthermore, at the sole discretion of the seller, in the event of non-payment or the appointment of a Receiver or Administrator over the whole or part of the Purchaser’s assets the Seller may remove the Products. Where the Products are tyres or batteries upon the said removal of the tyres or batteries by the Seller a charge will be made by the Seller for the amount of tread or battery life used and for the fitting/removal costs involved. The Purchaser agrees that in the event of the Seller repossessing the tyres or batteries the Seller will not be responsible for re-fitting the original tyres or batteries which by then may have been disposed of.
10.1 The Seller reserves the right to update, change and/or amend the terms and conditions contained in this site without prior notice.
10.2 All content provided on this website is for information purposes only and does not in any manner create a legal contract, express or implied, between the Seller and the Customer except only when agreed by the Seller in relation to an order of Products made through this website which is accepted by the Seller.
10.3 Without limiting the foregoing, the information, software, Products and services published on this website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. The Seller and/or its respective suppliers may make improvements and/or changes in this website at any time. The Seller and/or its suppliers make no representations about the suitability of the information, software, Products and services contained on this website for any purpose.
10.4 All information, software, Products, services and materials including text and graphics are provided as is without warranty of any kind. To the extent permitted by law, the Seller and/or its respective suppliers hereby disclaim all warranties and conditions with regard to such information, software, Products and services including all implied warranties and conditions of fitness for a particular purpose, title and non-infringement.
10.5 The Seller does not warrant that the information available via this site is accurate, complete or current.
10.6 In no event shall the Seller and/or its suppliers be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties: or (g) any direct, indirect, punitive, incidental, special exemplary or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, for any information, obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort or strict liability or otherwise provided that none of the forgoing and/or nothing in terms limits or excludes the Seller’s liability for death or personal injury caused by its proven negligence.
10.7 The Reader warrants to the Seller that they will not use this website or any information contained within this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. It is always recommended for the Reader to run anti-virus program on all material downloaded from the internet.
11. Force Majeure
11.1 ‘Force Majeure’ means any Act of God, flood, fires, tempest, lightning strike, fire, accident, insurrection or riots, terrorist attacks, explosion, war or threat of war, sabotage, 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, shortage of supply of or failure of the relevant third party supplier to supply, materials required for the supply of the Services or any part of them, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third-party), third party industrial action (the Defaulting Party having taken all reasonable steps to mitigate the effects of such third party industrial action), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery, act or omission of Government or any other party for whom the Defaulting Party is not responsible (‘Event of Force Majeure’). This clause shall not apply to any delay or failure of the Seller in paying the Price.
12.1 The seller 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.
12.2 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.
12.3 No waiver by the Seller 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.
12.4 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.
12.5 The Contract and these Conditions shall constitute the entire agreement between the Customer and the Seller in respect of the supply of the Products 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 the Seller.
12.6 The Seller 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 the Seller.
12.7 All contracts of sale are accepted by the Seller, subject to these terms and conditions, to the exclusion of all other terms and conditions specified by the Purchaser. Acceptance is conditional upon the verification by the Seller of any information supplied by the Purchaser to the Seller, the outcome of security vetting, the availability of the Products and fitting capacity, at the sole discretion of the Seller. Acceptance of the delivery of the Products constitutes acceptance of these terms and conditions.
12.8 All queries will be dealt with at the original fitting location. It is the responsibility of the Purchaser to return the vehicle to the original fitting location for this purpose.
12.9 In the event of a complaint concerning a suspected manufacturing defect the Purchaser will pay in full for a replacement Product which the Seller will fit. The Seller will then return the Product that is suspected of being defective to the manufacturer for inspection. If the manufacturer confirms that the Product is 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 Purchaser has derived from the Product. The decision of the manufacturer will be final.
12.10 The website Tyrefitdirect.co.uk is operated by Vigilant Plc. Vigilant Plc (a company incorporated under the Companies Acts (company number 02377726) and having its registered office at Unit 3, Commerce Way, Maulden Road, Flitwick, Bedfordshire, MK45 5BG
12.11 These terms and conditions shall be governed in accordance with English Law