1.1 In these Conditions:
'4x4 Tyres.co.uk’ is care of Top Gear Trading Limited, a company incorporated under the Companies Acts (Company No. 04533065) and having its registered office at Trafalgar House, 261 Alcester Road South, Kingsheath, Birmingham, West Midlands, B14 6DT;
'4x4 Tyres.co.uk’ is the website published by Top Gear Trading on the World Wide Web of the Internet with the uniform resource locator http://www.4x4tyres.co.uk;
'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 4x4 Tyres.co.uk;
'Customer's Order' means an order from the Customer submitted to 4x4 Tyres.co.uk through the 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery;
'Goods' means wheels and tyres (including any parts for them) or services which 4x4 Tyres.co.uk is to supply in accordance with these Conditions;
'Mail Order Service' means the service provided by 4x4 Tyres.co.uk via the 4x4 Tyres.co.uk Site for the sale and delivery of tyres only to Customers;
'Order Confirmation' means confirmation in Writing by 4x4 Tyres.co.uk 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.
2.1 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk Site constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk.
2.4 4x4 Tyres.co.uk 's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk or its employees to the Customer as to the storage, application or use of the Goods which is not confirmed in Writing by 4x4 Tyres.co.uk is followed or acted upon entirely at the Customer's own risk, and accordingly 4x4 Tyres.co.uk shall not be liable for any such advice or recommendation which is not so confirmed.
2.6 Whilst every effort is made by 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk shall be subject to correction without any liability on the part of 4x4 Tyres.co.uk.
3.1 The Customer's Order shall not be deemed to be accepted by 4x4 Tyres.co.uk unless and until the Order Confirmation has been issued to the Customer.
3.2 The Customer shall be responsible to 4x4 Tyres.co.uk for ensuring the accuracy of the terms of the Customer's Order submitted by the Customer, and for giving 4x4 Tyres.co.uk any necessary information relating to the Goods within a sufficient time to enable 4x4 Tyres.co.uk to perform the Contract in accordance with its terms. 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk.
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 4x4 Tyres.co.uk and on terms that the Customer shall indemnify 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk as a result of cancellation by the Customer of the Customer's order.
4.1 The price of the Goods shall be the price specified by 4x4 Tyres.co.uk in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in 4x4 Tyres.co.uk 's price list or website text on the 4x4 Tyres.co.uk Site current at the date and time of the Order Confirmation.
4.2 4x4 Tyres.co.uk 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:
4.3 The price of the Goods shall be inclusive of any applicable Value Added Tax.
5.1 Subject to any special terms agreed in Writing between the Customer and 4x4 Tyres.co.uk, 4x4 Tyres.co.uk shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer's Order. 4x4 Tyres.co.uk 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. 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk then, without prejudice to any other right or remedy available to 4x4 Tyres.co.uk, 4x4 Tyres.co.uk shall be entitled to:
6.1 Delivery of the Goods shall be made by 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk.
6.2 Any dates quoted for delivery are approximate only and not guaranteed and 4x4 Tyres.co.uk shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by 4x4 Tyres.co.uk in Writing. The Goods may be delivered by 4x4 Tyres.co.uk in advance of the quoted delivery date upon giving reasonable notice to the Customer.
6.3 If the Customer fails to take delivery of the Goods or fails to give 4x4 Tyres.co.uk adequate delivery instructions in the Customer's Order then, without prejudice to any other right or remedy available to 4x4 Tyres.co.uk, 4x4 Tyres.co.uk may:
6.4 Delivery of the Goods shall be evidenced by the return to 4x4 Tyres.co.uk 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.
7.1 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 4x4 Tyres.co.uk (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 4x4 Tyres.co.uk 's property.
7.4 Until such time as the property in the Goods passes to the Customer, 4x4 Tyres.co.uk shall be entitled at any time to require the Customer to deliver up the Goods to 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk, but if the Customer does so, all moneys owing by the Customer to 4x4 Tyres.co.uk shall (without prejudice to any other right or remedy of 4x4 Tyres.co.uk) forthwith become due and payable.
8.1 In the case of the Mail Order subject to Clause 8.2, within 28 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 refund (or where the goods have not been paid for, a 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 4x4 Tyres.co.uk. In such event the Customer shall be responsible for the costs of returning the Goods and shall indemnify 4x4 Tyres.co.uk or demand against all and any such costs. If 4x4tyres.co.uk collect the goods, 4x4 Tyres.co.uk retains the right to charge the customer for any direct costs associated with the return of the goods. 4x4 Tyres.co.uk customer service centre can be contacted for an accurate cost on returning goods as costs may vary depending on product specification and location. 8.2 Subject to Clause 8.1, refunds to the Customer are entirely at the discretion of 4x4 Tyres.co.uk. In the event that 4x4 Tyres.co.uk, in their sole discretion, grant a refund to a Customer, any costs incurred by 4x4 Tyres.co.uk in procuring that refund shall be borne by the Customer.
9.1 4x4 Tyres.co.uk shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer's Order. 4x4 Tyres.co.uk shall have no liability for errors in any Customer's Order and any loss (or otherwise) that may arise therefrom.
9.2 4x4 Tyres.co.uk shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow 4x4 Tyres.co.uk 's instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without 4x4 Tyres.co.uk '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 4x4 Tyres.co.uk in Writing within 48 hours from the date of delivery 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 4x4 Tyres.co.uk in accordance with Clause 9.4, the Customer shall not be entitled to reject the Goods and 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk in accordance with these Conditions, 4x4 Tyres.co.uk shall be entitled to replace the Goods (or the part in question) free of charge or, at 4x4 Tyres.co.uk 's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but 4x4 Tyres.co.uk shall have no further liability to the Customer or any other person.
9.7 Except in respect of death or personal injury caused by 4x4 Tyres.co.uk 's negligence, 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk, 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 4x4 Tyres.co.uk under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
9.8 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk 's obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond 4x4 Tyres.co.uk 's reasonable control.
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 4x4 Tyres.co.uk 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, 4x4 Tyres.co.uk 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.
11.1 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk.
11.6 4x4 Tyres.co.uk 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 4x4 Tyres.co.uk.
11.7 The Contract shall be governed by the law of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.
We offer a lifetime manufacturing warranty so if there is a defect in the manufacturing process 4x4 Tyres.co.uk will replace the customer. Fully painted wheels and stainless steel finished wheels are warranted for one year from date of purchase. Machined/lacquered finishes are warranted for 6 months from the date of purchase against corrosion and manufacturing defects. All warranties are void if wheels have been subjected to any form of neglect or chemical attack. Wheels should be cleaned on a regular basis with warm water, a mild non-abrasive detergent and a soft cloth. Any build up of brake dust must be removed immediately.