TERMS AND CONDITIONS OF SALE ON SAVEONTYRES.CO.UK WEBSITE
It is the customer’s responsibility to ensure that any tyres purchased are suitable for the customer’s vehicle and intended use. Save On Tyres cannot be considered liable for any recommendation made by any third party, or external source of information.
The customer’s offer to purchase goods will not be deemed accepted unless and until the order confirmation has been issued. The order confirmation sets out the basis upon which Save On Tyres agrees to accept an order. It is the customer’s responsibility to ensure that the order confirmation corresponds with the customers own expectations. Any discrepancy should be reported immediately to Save On Tyres. In the event that Save On Tyres is unable to fulfil the order, it will be entitled to cancel the order. In such instances any liability will be limited to refunding the customer for all payments received. It is the customer’s responsibility to provide adequate information for the carrier to find the address. The customer agrees to indemnify Save On Tyres against any costs that it may incur as a result of non-delivery as a result of inaccurate or inadequate instructions. In the event of such non-delivery Save On Tyres reserves the right to dispose of the tyres, and seek compensation in respect of any resulting costs or losses. Confirmation of delivery from the carrier will be presumed to constitute conclusive proof of delivery. Save On Tyres shall not be considered liable in respect of any defect arising from fair wear and tear, wilful damage, negligence or abnormal working conditions (including track use). The parties agree that, in the unlikely event of any defect arising in the tyres, the customer may return faulty/damaged goods (as adjudicated by the tyre manufacturer) within a minimum of 30 days. The tyres will be submitted for adjudication by the manufacturer as to the cause of failure and their decision will be final. Where the Consumer Contracts Regulations 2014 apply, the customer may cancel the contract within fourteen days of the goods being delivered and receive a full refund, provided that the goods have not been used, and are in the same condition as when supplied. In such instances it is the customer’s responsibility to pay for and arrange for the return of the goods, and to keep Save On Tyres indemnified against all such costs. It should also be noted that an admin fee of £15 per tyre will be deducted from the customers final refund at our discretion, if we incur any additional charges to return the tyres to our original supplier. In all other circumstances, cancellation will only be accepted at the discretion of Save On Tyres, and subject to payment of all reasonably resulting costs and/or losses. These terms and conditions govern the entire contract between Save On Tyres and the customer. All other rights are excluded to the maximum extent permitted by law. Should any of these terms and conditions be held to be unenforceable in whole, or in part, then the remainder will remain valid. This contract is governed by the prevailing law in England & Wales. Where an order value is £500 or over, we will need customers to provide photographic identification before tyres are despatched by either email or in the centre. Any copies of your ID forward to us will be securely destroyed following our GDPR policy.
Terms and Conditions of sale
1.1 In these Conditions:
Save On Tyres trading as BK Racing Ltd, a company incorporated under the Companies Acts (Company Registration No. 3469325 ) and having its registered office at Deedtrade House, Grace Road Central, Marsh Barton Ind. Est. Exeter, Devon EX2 8QA.
‘Save On Tyres website’ means the website published by Save On Tyres and BK Racing Ltd. on the World Wide Web of the Internet with the uniform resource locator https://www.saveontyres.co.uk
‘Conditions’ means these terms and conditions for website sale of tyres.
‘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 Save On Tyres
‘Customer’s Order’ means an order from the Customer submitted to Save On Tyres through the Save On Tyres website 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 Save On Tyres website.
‘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 Save On Tyres or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery
‘Goods’ means the tyres Save On Tyres supply in accordance with these Conditions
‘Mail Order Service’ means the service provided by Save On Tyres via the Save On Tyres website for the sale and delivery of tyres only to Customers chosen address
‘Order Confirmation’ means confirmation in writing via email by Save On Tyres 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. The Basis of the sale
2.1 Save On Tyres 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 Save On Tyres website constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon Save On Tyres 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 Save On tyres.
2.4 Save On Tyres’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Save On Tyres 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 Save On Tyres 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 Save On Tyres is followed or acted upon entirely at the Customer’s own risk, and accordingly Save On tyres shall not be liable for any such advice or recommendation which is not so confirmed.
2.6 Whilst every effort is made by Save On Tyres 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 us shall be subject to correction without any liability on the part of Save On Tyres.
3. Offers and Specifications
3.1 The Customer’s Order shall not be deemed to be accepted by Save On Tyres unless and until the Order Confirmation has been issued to the Customer in writing.
3.2 The Customer shall be responsible to Save On Tyres for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer, and for giving Save On Tyres any necessary information relating to the Goods within a sufficient time to enable Save On Tyres to perform the Contract in accordance with our terms. Save On Tyres 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 Save On Tyres 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 our sole discretion.
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 Save On Tyres and on terms that the Customer shall indemnify Save On Tyres 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 Save On Tyres 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 Save On Tyres in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in Save On Tyres’s price list or website text on the Save On Tyres website current at the date and time of the Order Confirmation.
4.2 Save On Tyres 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.a any increase in the cost to Save On Tyres which is due to any factor beyond the control of Save On Tyres (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.b any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or
4.2.c any delay caused by any instructions of the Customer or failure of the Customer to give Save On Tyres 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 Save On Tyres, Save On Tyres shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer’s Order. Save on Tyres
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. Save On Tyres 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 Save On Tyres then, without prejudice to any other right or remedy available to Save On Tyres, Save On Tyres shall be entitled to cancel the Contract or suspend any further deliveries to the Customer;
6.1 Where a Customer has ordered using the Mail Order Service, delivery of the Goods shall be made by Save On Tyres 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 Save On Tyres.
6.2 Any dates quoted for delivery of the Goods are approximate only and not guaranteed and Save On Tyres 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 Save On Tyres es in Writing. Where the Mail Order Service is used by the Customer, the Goods may be delivered by Save On Tyres 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 Save On Tyres adequate delivery instructions in the Customer’s Order then, without prejudice to any other right or remedy available to Save On Tyres, we may:
6.4.a store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.4.b 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; or
6.4.c 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 Save On Tyres 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. Risk and Property
7.1 Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.a Using our 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 Save On Tyres
7.2 Not withstanding 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 Save On Tyres (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 Save On Tyres’s property.
7.4 Until such time as the property in the Goods passes to the Customer, Save On Tyres shall be entitled at any time to require the Customer to deliver up the Goods to Save On Tyres 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 Save On Tyres 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 Save On Tyres, but if the Customer does so, all moneys owing by the Customer to Save On Tyres shall (without prejudice to any other right or remedy of Save On Tyres) forthwith become due and payable.
8.1 In the case of the Mail Order and subject to Clause.
8.2 Within 14 days of the day after the day of delivery of the Goods to the Customer, the Customer shall be entitled to cancel the Contract, return the Goods and receive a full refund, 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 Save On Tyres. In such event the Customer shall be responsible for the costs of returning the Goods and shall indemnify Save On Tyres or demand against all and any such costs. If Save On Tyres collect the goods, Save On Tyres retains the right to charge the customer for any direct costs associated with the return of the goods. Customers returning goods directly to Save On Tyres must do so within 14 days of the date cancellation is requested. No additional restocking charge or administrational charge will be added in accordance with distance selling regulations. Save On Tyres 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 14 working day cooling-off period, visit the Department of Trade and Industry’s website at: https://www.gov.uk/accepting-returns-and-giving-refunds or any equivalent consumer protection authority website in any jurisdiction in which the Customer is resident.
8.2 Subject to Clause 8.1, refunds to the Customer are entirely at the discretion of Save On tyres. In the event that Save On Tyres, in their sole discretion, grant a refund to a Customer, any costs incurred by Save On Tyres in procuring that refund shall be borne by the Customer.
9.1 Save On Tyres shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer’s Order. Save On Tyres shall have no liability for errors in any Customer’s Order and any loss (or otherwise) that may arise therefrom.