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Terms & Conditions |
 Interpretation |
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1.1 In these Conditions: 'CLICKATYRE.COM Site' means the website published by CLICKATYRE.COM on the World Wide Web of the Internet with the uniform resource locator http://www.clickatyre.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 CLICKATYRE.COM; 'Customer's Order' means an order from the Customer submitted to CLICKATYRE.COM through the CLICKATYRE.COM 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 CLICKATYRE.COM 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 CLICKATYRE.COM 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 (including any fitting of the tyres or any parts for them) or services which CLICKATYRE.COM is to supply in accordance with these Conditions; 'Mail Order Service' means the service provided by CLICKATYRE.COM via the CLICKATYRE.COM Site for the sale and delivery of tyres to Customers; 'Order Confirmation' means confirmation in Writing by CLICKATYRE.COM 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. |
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Basis of the Sale |
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2.1 CLICKATYRE.COM 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 CLICKATYRE.COM Site constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon CLICKATYRE.COM 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 CLICKATYRE.COM. 2.4 CLICKATYRE.COM's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by CLICKATYRE.COM 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 CLICKATYRE.COM 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 CLICKATYRE.COM is followed or acted upon entirely at the Customer's own risk, and accordingly CLICKATYRE.COM shall not be liable for any such advice or recommendation which is not so confirmed. 2.6 Whilst every effort is made by CLICKATYRE.COM 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 CLICKATYRE.COM shall be subject to correction without any liability on the part of CLICKATYRE.COM. |
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Offers and Specifications |
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3.1 The Customer's Order shall not be deemed to be accepted by CLICKATYRE.COM unless and until the Order Confirmation has been issued to the Customer. 3.2 The Customer shall be responsible to CLICKATYRE.COM for ensuring the accuracy of the terms of the Customer's Order submitted by the Customer, and for giving CLICKATYRE.COM any necessary information relating to the Goods within a sufficient time to enable CLICKATYRE.COM to perform the Contract in accordance with its terms. CLICKATYRE.COM 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 CLICKATYRE.COM 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 CLICKATYRE.COM. 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 CLICKATYRE.COM and on terms that the Customer shall indemnify CLICKATYRE.COM 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 CLICKATYRE.COM as a result of cancellation by the Customer of the Customer's order. |
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Price of the Goods |
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4.1 The price of the Goods shall be the price specified by CLICKATYRE.COM in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in CLICKATYRE.COM's price list or website text on the CLICKATYRE.COM Site current at the date and time of the Order Confirmation.
4.3 The price of the Goods shall be inclusive of any applicable Value Added Tax. |
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Terms of Payment |
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5.1 Subject to any special terms agreed in Writing between the Customer and CLICKATYRE.COM, CLICKATYRE.COM shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer's Order. CLICKATYRE.COM 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;
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Delivery |
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6.1 Where a Customer has booked the Mail Order Service, delivery of the Goods shall be made by CLICKATYRE.COM 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 CLICKATYRE.COM.
6.5 Delivery of the Goods shall be evidenced by the return to CLICKATYRE.COM 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. |
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Risk and Property |
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7.1 Risk of damage to or loss of the Goods shall pass to the Customer:
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 CLICKATYRE.COM (including any applicable interest and charges) have been paid in full. |
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Returns |
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8.1 In the case of the Mail Order and subject to Clause 8.2, within 7 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 (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 CLICKATYRE.COM. In such event the Customer shall be responsible for the costs of returning the Goods and shall indemnify CLICKATYRE.COM or demand against all and any such costs. 8.2 Subject to Clause 8.1, refunds to the Customer are entirely at the discretion of CLICKATYRE.COM. In the event that CLICKATYRE.COM, in their sole discretion, grant a refund to a Customer, any costs incurred by CLICKATYRE.COM in procuring that refund shall be borne by the Customer. |
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Liability |
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9.1 CLICKATYRE.COM shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer's Order. CLICKATYRE.COM shall have no liability for errors in any Customer's Order and any loss (or otherwise) that may arise therefrom. 9.2 CLICKATYRE.COM 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 CLICKATYRE.COM's instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without CLICKATYRE.COM's 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 CLICKATYRE.COM 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 CLICKATYRE.COM in accordance with Clause 9.4, the Customer shall not be entitled to reject the Goods and CLICKATYRE.COM 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 CLICKATYRE.COM in accordance with these Conditions, CLICKATYRE.COM shall be entitled to replace the Goods (or the part in question) free of charge or, at CLICKATYRE.COM's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but CLICKATYRE.COM shall have no further liability to the Customer or any other person. 9.7 Except in respect of death or personal injury caused by CLICKATYRE.COM's negligence, CLICKATYRE.COM 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 CLICKATYRE.COM, 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 CLICKATYRE.COM under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions. 9.8 CLICKATYRE.COM 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 CLICKATYRE.COM's obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond CLICKATYRE.COM's reasonable control. |
| 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 CLICKATYRE.COM 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, CLICKATYRE.COM 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. |
| General |
| 11.1 CLICKATYRE.COM 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 CLICKATYRE.COM 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 CLICKATYRE.COM 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 CLICKATYRE.COM. 11.6 CLICKATYRE.COM 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 CLICKATYRE.COM. 11.7 The Contract shall be governed by the law of Scotland and the Customer agrees to submit to the non exclusive jurisdiction of the Scottish courts. |
| Changes to Terms & Conditions |
| We reserve the right to change any of the terms and conditions above without any prior notice. |
