To protect your own interests please read the conditions carefully before you click the tick box on our shopping basket page.
If you are uncertain as to your rights under them or you want any explanation about them please write, telephone
or email us at the contact address or our telephone number BEFORE you place the order.
YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from Plymouth Tyres, you
enter into a legally binding agreement with us on the following Conditions.
You should read and understand these Conditions because they affect your
rights and liabilities. These are the Standard Terms and Conditions of
Sale for Performance and Auto Tyre Care, Plymouth, Devon ("the Seller", "We" or "Us") for
certain products as set out in the pages on this site ("the Goods"). Subject to the
provisions of Clause 4.2 below, the price of the Goods and Value Added Tax where
applicable is displayed. In accordance with the provisions of the Consumer Protection
(Distance Selling Regulations 2000, you have the right to withdraw from this transaction.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1.1 In these Conditions:
'Conditions' means the standard Terms and Conditions of sale set out in this document;
'Contract' means the contract for the sale of the Goods;
'Payment Card' means the credit or debit card or other payment system chosen by you to be used
as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for
purchase from our Web Site in accordance with the Conditions;
'Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
'Order' means any order placed by you with us for the supply of Goods;
'Order Form' means the electronic order form completed and submitted electronically by you;
'Regulations' means the Consumer Protection (Distance Selling) Regulations 2000;
'Web Site' our presence on the world wide web, currently accessible via the address www.plymouthtyres.co.uk
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or
re-enactments thereof or any rules or regulations made there under or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us.
We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not
materially affect the contract.
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order
reflects current pricing and your credit or account card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies
regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by
you, and for giving us any necessary information relating to the Goods within a sufficient time
to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform
with any applicable statutory UK or EC requirements
4. Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We
reserve the right to change the prices set out on this site provided that we accept an order from you.
The price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the collection date, we
will let you know and ask you to confirm [by e-mail/in writing] that the new price is acceptable. If it is
not acceptable then you will, of course, have the option of cancelling the order.
4.3 The total price is inclusive of any applicable value added tax but exclusive of fitting.
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you :
5.1.1 confirm and undertake that the information contained within the Order is true and accurate
and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of
the Goods and all other payments which may become due to us under the Contract.
5.2 If it is not possible to obtain full payment for the Goods from your account on
collection of the Goods by you, we can cancel the Order or suspend any further orders
from you. This does not affect any other rights we may have.
5.3 Where Goods are returned by you in accordance with your rights under the
provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your
permission. Unless solely due to our negligence we cannot be held liable for
any losses you may suffer. If in any event your payment card is used fraudulently
you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
6. Collection of Goods
6.1 We offer Goods for sale on the website on the basis and understanding that they will be collected by you from us.
Once the Goods have been fitted or collected you will be responsible for them.
Our responsibility for everything other than damage due to our negligence or due
to a manufacturing design or design fault will cease upon completion of the
fitting or upon the Goods being collected.
6.2 We will do all that we reasonably can to provide you with the Goods within a reasonable
timescale from your order but we cannot be held responsible for delays beyond our control.
If we are unable to make the date we will contact you. If the Goods are not available
for collection within 30 days of the suggested collection date you will be entitled to
either arrange a revised collection date or cancel the order and receive a full refund.
If we are able to offer you a collection date in advance of the given date we will contact you.
7. Risk and property
7.1 As soon as you have collected the Goods, you will be responsible for them. If you delay a
collection our responsibility for everything other than damage due to our negligence
will end on the date we agree to the collection date, as set out in the contract.
7.2 Subject to the provisions of clause 9 and notwithstanding collection dates and the passing of
risk in the Goods, or any other provision of these Conditions, the property in the Goods shall
not pass to you until we have received in cash or cleared funds payment in full of the price
of the Goods. Goods supplied to you are not for resale.
8. Warranties and liability
8.1 Terms and conditions of this contract do not affect any additional rights you may
have under a manufacturer's warranty/guarantee. These are rights given to you by the
manufacturer in addition to your statutory rights. Any additional rights given to you
by the manufacturer in respect of Goods purchased are not incorporated into this contract.
8.2 As a consumer you have statutory rights regarding the return of defective Goods and claims
in respect of losses caused by any negligence on our part or our failure to carry out our obligations.
The terms and conditions of this contract do not affect your statutory rights. For further information
regarding these rights contact Trading Standards or Citizens' Advice Bureau.
8.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods at the time of collection. Any claim by you
based on any defect in the quality or condition of the Goods or their failure to
correspond with specification must be notified to the us at the time of collection.
8.4 Where a valid claim in respect of Goods is apparent on reasonable inspection, you are entitled to:
reject the Goods and receive a full refund; or have the Goods (or the part in question) replaced free of charge.
Any claims made after collection, we shall be entitled to either:
at our sole discretion, replace the Goods (or the part in question) free of charge or
refund to you the price of the Goods (or a proportionate part of the price) and we
shall have no further liability to you.
8.5 Except in respect of death or personal injury caused by our negligence we
will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes, then no liability
for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
8.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or
be deemed to be in breach of the contract by reason of any delay in performing, or any failure
to perform, any of our obligations in relation to the Goods if the delay or failure was due to
any cause beyond our reasonable control.
8.7 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9. Right to Cancel
9.1 You have a cooling off period of 14 days after the date on which you have received the Goods to
cancel the Contract, and return the Goods at your cost and receive a full refund of the
purchase price and any delivery cost.
9.2 During the cooling off period any cancellation must be given by written notice by either party.
9.3 Goods must be returned complete and undamaged with all accessories and instructions.
The original packing must be returned in reasonable condition.
9.4 The right to cancel this contract will not apply in respect of:
Personalised Goods or Goods made to your specification.
9.5 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2,
your right of cancel is as set out as above except that the cost of returning the Goods shall be borne by us.
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information
System which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of
business and in the case of an individual where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business at its principal place
of business and in the case of an individual where he or she ordinarily resides.
10.2 To protect your own interests you should ask for a delivery receipt for any such and
retain a hard copy of that delivery receipt and the original correspondence.
11.1 Any communication sent by post will be deemed received by the intended recipient three days
following mailing where sent by first class post or five days after mailing where sent by second
class post. Any dispute with the company, including cancellation of order by post should be by recorded delivery.
11.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or
sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall
nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by,
any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in
any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these
Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity,
lawfulness or enforceability of that provision in any other jurisdiction.
11.5 We will try and solve any disagreements quickly and efficiently. If you are not happy
with the way we deal with any disagreement and you want to take court proceedings you
must do so within the United Kingdom.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
11.7 Images of products listed on our web site are for guidance and illustration purposes only.
VAT Number: 812 0226 85