Terms and Conditions
(for Terms & Conditions of offers, please see below)
Hometyre Ecommerce Website Terms & Conditions
1. In these terms and conditions of sale the following words will have the following meanings:
1.1 Appointed Franchisees means the Seller's franchisees, whose contact details, where it is deemed necessary, can be obtained by contacting our Head Office on 01743 861183 or by sending a request to firstname.lastname@example.org
1.2 Products shall mean Pneumatic tyres and any other goods or materials listed on the Seller's Website.
1.3 You or Purchaser shall mean the individual, person, company or other body placing the order.
1.4 We or Seller shall mean - Hometyre Group Ltd, a limited company registered in England and Wales whose registered office address is at Unit 8, Lower Edgebold, Shrewsbury SY5 8NY. Company No.6598762, VAT.No.937534500, or its Appointed Franchisees.
1.5 Website - means www.hometyre.co.uk and any other domain name owned by Hometyre Group Ltd which offers the ecommerce tyre purchasing facility.
2.1 These terms will apply to any contract between the Purchaser and the Seller for the sale of the Products. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that by ordering any of the Products, you agree to be bound by these terms and the other documents expressly referred to.
2.2 Please click on the button marked "I Accept" at the end of these terms if you accept them. If you refuse to accept these terms, you will not be able to order any Products from the Website.
2.3 You should print a copy of these terms or save them to your computer for future reference.
2.4 These terms may be amended by the Seller from time to time. Every time you wish to order Products, please check these terms to ensure you understand the terms which will apply at that time.
2.5 These terms, and any contract between the Purchaser and the Seller, are only in the English language.
2.6 Hometyre Group and its franchise partners comply with Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 (formerly Distance Selling) regulations.
In order to permit returns under the 14 days rules contained in the regulations, tyres (or other goods) must not have been fitted, damaged, run on or used. So long as the goods remain in saleable condition on return, we will offer an exchange or refund once the goods are in our possession.
3 PRODUCTS - The images of the Products on the Website are for illustrative purposes only. Although the Seller has made every effort to display the Products accurately, it cannot guarantee that your computer will display the Products correctly or that the product image files are fully up to date. Your Products may vary from those images.
3.1 All Products shown on the Website are subject to availability. The Seller will inform you as soon as possible if the Product you have ordered is not available and a suitable alternative will be offered.
4 WHO CAN PLACE AN ORDER? You may only purchase the Products through this Website if you are a resident of and /or located in the United Kingdom and if you are located within a territory covered by the Seller or one of the Seller's Appointed Franchisees.
4.1 All Products and/or services ordered through this Website shall be carried out by one of the Seller's Appointed Franchisees or associated companies at the location agreed by the Purchaser and the Seller's representative.
6 HOW THE CONTRACT IS FORMED When you place an order through this Website to purchase tyres to be fitted by a Hometyre mobile unit, we will send you an e-mail confirming receipt of your order which will contain the details of your order:- 'Order Receipt'. Please note that this does not mean that your order has been accepted, it only means that the order has been received.
6.1 Acceptance of your order will take place only when you receive a verbal confirmation of your order.
6.2 Any services or products to be carried out or fitted which you requested to be included in the same booking and /or order but which do not appear in the Order Confirmation shall not form part of that contract and shall be subject to a separate contract.
6.3 The Seller retains the right to refuse to accept your order solely at its discretion. If the Seller is 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 it will make additional checks as to your standing and if appropriate involve external authorities.
6.4 In the event that your order is not accepted by the Seller but the payment has been made, you shall receive a full refund of your payment.
7 PRICING AND PAYMENT METHOD All prices on the Website are quoted in pounds sterling and are inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.1 The price of the Products / services shall be the price specified by the Seller in the Order Confirmation provided. The cost of fitting any parts purchased is included in the quotation. Once work has commenced, you will be informed immediately of any additional costs identified and the Seller's technician will price and quote accordingly. The Purchaser is under no obligation to commit to further work identified and/or quoted.
7.2 Credit Card payments are subject to a 2% card-type surcharge. Debit card payments do not attract additional charges.
8 DISCOUNT/LOYALTY SCHEMES Offers are subject to availability of goods/service and geographic coverage.
8.1 Any offer or discount cannot be used in conjunction with any other offer or discount scheme.
8.2 Where a price is requested directly either in person or by telephone, any discount or offer code must be provided to that person in advance.
8.3 A negotiated price will not be subject to further discounts. Where any item or service is offered as 'FREE', you are under no obligation to make a purchase.
8.4 The Seller reserves the right to charge for additional services if such paid services are agreed in advance.
8.5 The seller reserves the right to withdraw any offer at any time.
9 PROVISION OF SERVICE Once you have placed the order via the Website and your order has been confirmed, one of the Seller's Support Centre controllers will contact you to arrange a mutually convenient appointment time for one of the Seller's Appointed Franchisees to visit and fit the Products purchased.
9.1 Your given "preferred" fitment date will always be offered where it is available. Where it is not available we will endeavour to appoint as close to this time as possible or at an alternative acceptable date and time.
9.2 Orders made via the Website will carry a minimum lead time of 24 hours during any normal working week unless:-
9.3 If your order is more urgent it is sometimes possible to arrange same day fitment of the Products and/or carry out fitting services by opting for our "asap" option. In these instances it may be necessary to source the Products from an alternative third party supplier and the cost of an urgent order may be different from the price quoted on the Website at the time of your enquiry. Pricing for same day or urgent orders will be confirmed prior to the carrying out of the work. The Seller neither makes nor implies any guarantee or promise to provide or deliver a same day service but will endeavour to oblige where possible.
9.4 The fitting of the tyre/tyres to your vehicle will be subject to a visual inspection of your vehicle, wheels and tyres prior to commencement of the work. This is to ensure that you have selected the correct tyre specifications for your vehicle.
9.5 It is your responsibility to ensure that you have selected the correct tyre size and to check your current tyre specification currently fitted to your vehicle and to ensure that you have the locking wheel nut key. In the event that you
(a) order incorrect tyres through the Website, the Seller shall use its usual business processes to source the correct tyres and reschedule the fitting appointment;
(b) do not have the locking wheel nut key, you may opt for the Seller's locking nut removal service as set out below. Should you decide not to use the Seller's service you can either reschedule or cancel the fitting appointment.
In both of the above circumstances a service / call out charge of £50 plus VAT will be levied.
9.6 We will use our reasonable endeavours to ensure that the Appointed Franchisee arrives with you for the agreed appointment time and we will inform you as soon as is reasonably possible of any delays or complications with the agreed time. The estimated time of arrival should be regarded as a guide only and no responsibility is accepted by the Seller for lateness. The Seller will always attempt to contact the Purchaser whenever possible to inform of projected delays or issues which may result in a delay or cancellation of an appointment.
9.7 The Seller shall be under no liability in respect of any defect in the Goods provided arising from your use of the Goods, incompatibility of your vehicle or any misuse or alteration of the Goods.
10 CANCELLATION/MOVEMENT OF ONLINE BOOKINGS
You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations 2000) during the period set out below.
This means that during the relevant period if you change your mind or for any other reason you decide you do not want the Product, you can notify the Seller of your decision to cancel the contract and receive a refund.
10.1 Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2 Your legal right to cancel the contract starts from the date of the Order Confirmation, which is when the contract between you and us is formed and shall expire once the Products are delivered and fitted to your vehicle or the expiry of a period of 14 (fourteen) calender days whichever is the sooner. Services performed including puncture repairs, wheel alignment, locking wheel nut removal etc cannot be returned for refund and are therefore excluded accordingly.
10.3 To cancel the contract, you must contact us in writing by sending an email to email@example.com. You may wish to keep a copy of your cancellation notification for your own records.
10.4 You will receive a full refund of the price you paid for the unused Products. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described above or upon receipt of unused goods. We will only refund the payment card to which the original purchase was made.
11 OUR LIABILITY TO YOU
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING:
11.1 The Seller does not in any way exclude or limit its liability for:
o death or personal injury caused by our negligence;
o fraud or fraudulent misrepresentation;
o any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
o any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
o defective products under the Consumer Protection Act 1987.
• 11.2 Subject to the above, the Seller shall not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity howsoever caused or arising and in any way connected with any delay or failure to complete the order whether on time or at all.
• 11.3 The Seller accepts no responsibility for and, to the fullest extent permitted by law, excludes all and any liability for, any losses suffered by you as a result of:
o your incorrect use of the Website;
o input of incorrect or false data when selecting the tyre sizes;
o you ordering the wrong tyre type or size; and/or
o failure to provide the correct information for your vehicle.
• 11.4 Whilst the Seller shall use all reasonable endeavours to ensure the accuracy of the information provided on the Website by the tyre size matching applications used, due to the range and complexity of tyre sizes fitted to vehicles during the manufacturing process and in the aftermarket, the Seller cannot guarantee the accuracy of this information and the results of the said applications on the Website.
• 11.5 If the Seller fails to comply with these terms, the Seller shall be responsible only for loss or damage that you suffer that is a foreseeable result of the Seller's breach of these terms or the Seller's negligence, but the Seller shall not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by the Purchaser and the Seller at the time the parties entered into the contract.
12 LOCKING WHEEL NUT/BOLT REMOVAL SERVICE The Seller may be able to offer the provision to remove locking wheel nuts/bolts where the original removal adaptor has been lost or damaged/worn out.
12.1 Use of this equipment may cause substantial damage to the locking device during removal.
12.2 Whilst the use of this equipment delivers a high rate of success, there will be instances where the securing nuts/bolts have been tightened with excessive force and more extensive removal methods may need to be employed. The Seller will not be responsible for any further costs incurred by the Purchaser for the subsequent removal. It is not possible to determine whether an individual locking device has been previously over-tightened or damaged during fitting until the removal process has commenced.
13 WASTE DISPOSAL At the Purchaser's option, the Seller will remove all worn/damaged tyre casings and any other used items which are replaced by new Products and will dispose of all such items at the discretion of the Seller but always in a manner which is environment-friendly. Prices quoted online automatically include the free removal and disposal of these items.
14 TITLE AND RISK Risk in the Products shall pass to the Purchaser as soon as the Products are delivered or fitted to any vehicle owned by the Purchaser or to a place specified by the Purchaser. Title to the Products shall remain vested in the Seller until the Products have been paid for in full and payment in cleared funds is received by the Seller.
15 COMPLAINTS PROCEDURE In the unusual event of a complaint issue, the Purchaser must firstly communicate with the Seller's customer support centre either by telephone 01743 861183 or email to firstname.lastname@example.org
The issue will be investigated thoroughly before any revisit to the original fitting location is agreed.
15.1 It is not possible to offer refunds after purchase for any parts that have been used on your car.
15.2 In the event of a complaint concerning a suspected manufacturing defect we may offer you the option of purchasing a replacement while the original part is sent to the manufacturer for analysis.
15.3 If the manufacturer confirms that the product is faulty the resulting refund received by us from the manufacturer will be passed on to you.
15.4 The Seller has no influence on the timing of response from any manufacturer or their appointed agent and will be informed of any decision at the same time as the purchaser.
15.5 Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Ombudsmen Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted traders in the first instance on 0117 981 2929.
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: http://www.disputeresolutionombudsman.org/membership/whichtrustedtraders/
16 FORCE MAJEURE The Seller shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by an even of "force majeure" as such term is customarily used for so long as such event of "force majeure" continues.
17 LAW These terms and conditions shall be governed by English Law and the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with it.
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