Terms and conditions
In these Conditions:
- ‘4×4 Tyres’ is 4×4 Tyres Limited, a company incorporated under the Companies Acts (Company No. 04533065) and having its registered office at Unit 14, Drayton Manor Drive, Alcester Road, Stratford Upon Avon, Warwickshire CV37 9RQ.
- ‘4×4 Tyres.co.uk’ is the website operated on the World Wide Web of the Internet with the uniform resource locator https://www.4x4Tyres.co.uk;
- ‘Conditions’ means these terms and conditions for website sale of tyres and tyre fitting services;
- ‘Contract’ means the agreement between 4×4 Tyres and the Customer for the purchase and supply of 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 4×4 Tyres;
- ‘Customer’s Order’ means an order from the Customer submitted to 4×4 Tyres through the 4×4 Tyres 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 4×4 Tyres.co.uk 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 4×4 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 wheels and tyres (including any parts for them) or services which 4×4 Tyres is to supply in accordance with these Conditions;
- ‘Mail Order Service’ means the service provided by 4×4 Tyres via the 4×4 Tyres.co.uk website for the sale and delivery of tyres only to Customers;
- ‘Order’ means or refers to the written or verbal request for goods made by the Customer to the 4×4 Tyres. Written requests are to include all forms of communication including inter alia, email, internet and letter.
- ‘Order Confirmation’ means confirmation in Writing by 4×4 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. BASIS OF THE SALE
- 2.1 These Conditions apply to all Contracts for the sale of Goods by 4×4 Tyres Limited to the Customer. By placing an Order with 4×4 Tyres or accepting 4×4 Tyres quotation, the Customer agrees to deal with 4×4 tyres on these Conditions to the exclusion of all other terms, conditions, warranties or representations.
- 2.2 The Customer agrees to purchase and / or accept the Goods from 4×4 Tyres and 4×4 Tyres agrees to sell the Goods to the Customer.
- 2.3 The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the 4x4Tyres.co.uk website constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon 4×4 Tyres to sell any item to the Customer.
- 2.4 No variation to these Conditions shall be binding unless made in writing specifying both which clause us to be varied and full details of such variation and signed on behalf of each of the Customer and 4×4 Tyres by an authorized representative.
- 2.5 4×4 employees or agents are not authorized to make any representations concerning the Goods unless confirmed by 4×4 Tyres in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
- 2.6 Any advice or recommendation given by 4×4 Tyres or its employees to the Customer as to the storage, application or use of the Goods which is not confirmed in Writing by 4×4 Tyres is followed or acted upon entirely at the Customer’s own risk, and accordingly 4×4 Tyres shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by 4×4 shall be subject to correction without any liability on the part of 4×4.
3. OFFERS AND SPECIFICATIONS
The Customer shall be responsible to 4×4 Tyres for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer, and for giving 4×4 Tyres any necessary information relating to the Goods within a sufficient time to enable 4×4 Tyres to perform the Contract in accordance with its terms. 4×4 Tyres shall incur no liability resulting from inaccurate information being supplied by the Customer.
- 3.1 If it is a pre-requisite of the Customer that order numbers are quoted on all invoices related to the transaction then it is the responsibility of the Customer to provide a valid Order Number at the point of placing the Order. Failure by the Customer to supply a valid order number shall not remove the Customer’s liability to pay within the states payment terms.
- 3.2 The Customer’s Order shall not be deemed to be accepted by 4×4 Tyres unless and until the Order Confirmation has been issued to 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 4×4 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 the sole discretion of 4×4 Tyres.
- 3.5 4×4 reserves the right, in its discretion, to refuse to supply any Goods at all or in such a way that the vehicle in relation to which they would be supplied, would in 4×4’s opinion, be unsafe or illegal as a result of or notwithstanding such supply.
- 3.6 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 4×4 Tyres and on terms that the Customer shall indemnify 4×4 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 4×4 Tyres as a result of cancellation by the Customer of the Customer’s order.
4. PRICE OF THE GOODS
The price of the Goods shall be the price specified by 4×4 Tyres in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in 4×4 Tyres’ price list or website text on the 4x4Tyres.co.uk website current at the date and time of the Order Confirmation.
- 4.1 4×4 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:
- 4.1.1 any increase in the cost to 4×4 Tyres which is due to any factor beyond the control of 4×4 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),
- 4.1.2 any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or
- 4.1.3 any delay caused by any instructions of the Customer or failure of the Customer to give 4×4 Tyres adequate information or instructions.
- 4.2 The price of the Goods shall be inclusive of any applicable Value Added Tax.
5. TERMS OF PAYMENT
Payment for Goods shall be made in accordance with the payment terms that are in force at the time of sale or supply.
- 5.1 Where the Customer has a credit account with the Seller, the following conditions apply:
- 5.1.1 All payments shall be applied to invoices and to Goods listed in such invoices in the order determined in its discretion by 4×4 Tyres.
- 5.1.2 If full payment is not received by 4×4 Tyres by the due date then without prejudice to its other rights or remedies under this Contract or otherwise, 4×4 Tyres shall be entitled to:
- 126.96.36.199 sue for the entire price and/or
- 188.8.131.52 require the immediate return of all goods agreed to be sold by 4×4 Tyres to the Customer in which the property has not passed to the Customer in accordance with the provisions of Clause 8 below and the Customer hereby agrees to reimburse 4×4 Tyres upon demand all costs incurred by 4×4 Tyres to represent their diminution in value resulting from their use / and or attachment to a vehicle.
- 184.108.40.206 The Customer indemnifies 4×4 Tyres in respect of any costs, legal or otherwise, incurred by 4×4 Tyres in respect of recovering any outstanding monies due from the Customer to 4×4 Tyres.
- 220.127.116.11 Where payment for Goods remain outstanding beyond the due date, 4×4 Tyres retains the right to levy a finance charge in accordance with Late Payments of Commercial Debts (Interest) Act 1998, and any later updated versions of the same Act, to the outstanding balance which interest shall be compounded from month to month until payment is received and cleared through 4×4 Tyres bank account. Further more 4×4 Tyres retains the right to cancel outstanding Orders and suspend further deliveries to the Customer until all outstanding balances have been cleared.
- 5.2 Where the Customer has an account but money is owed to 4×4 Tyres beyond the terms of the account, and subject to any special terms agreed in Writing between the Customer and 4×4 Tyres, 4×4 Tyres shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer’s Order.
- 5.3 Where the Customer does not have a credit account with 4×4 Tyres, the Customer shall be obliged to pay the price of the Goods on the date of the Customer’s Order. 4×4 Tyres shall debit the Customer’s credit/debit card with payment in full for the Goods and applicable Value Added Tax on the date of the Customer’s Order. 4×4 Tyres shall have a lien over and be entitled to detain the Goods and any vehicle on which they have been fitted or in relation to which the Goods have been supplied until payment is made by the Customer.
- 5.4 If payment is declined or not authorised by the issuer of the Customer’s credit/debit card when processed by 4×4 Tyres then, without prejudice to any other right or remedy available to 4×4 Tyres, 4×4 Tyres shall be entitled to:
- 5.4.1 cancel the Contract or suspend any further deliveries to the Customer;
- 5.4.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and 4×4 Tyres) as 4×4 Tyres may think fit (notwithstanding any purported appropriation by the Customer),
- 5.4.3 4×4 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.
Delivery of the Goods shall be made by 4×4 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 4×4 Tyres.
- 6.1 Any dates quoted for delivery are approximate only and not guaranteed and 4×4 Tyres 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 4×4 Tyres in Writing. The Goods may be delivered by 4×4 Tyres in advance of the quoted delivery date upon giving reasonable notice to the Customer.
- 6.2 If the Customer fails to take delivery of the Goods or fails to give 4×4 Tyres adequate delivery instructions in the Customer’s Order then, without prejudice to any other right or remedy available to 4×4 Tyres, 4×4 Tyres may:
- 6.2.2 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage for a period of up to 14 days; or
- 6.2.2 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
- 6.2.3 return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.
- 6.3 Delivery of the Goods shall be evidenced by the return to 4×4 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 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 4×4 Tyres or fitted by 4×4 Tyres; or
- 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 4×4 Tyres (including any applicable interest and charges) have been paid in full. For avoidance of doubt, all Goods supplied by 4×4 to the Customer which are in the Customer’s possession shall be presumed to belong to 4×4 unless the Customer can prove otherwise.
- 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 4×4 Tyres ‘s property.
- 7.4 Until such time as the property in the Goods passes to the Customer, 4×4 Tyres shall be entitled at any time to require the Customer to deliver up the Goods to 4×4 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 4×4 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 4×4 Tyres, but if the Customer does so, all moneys owing by the Customer to 4×4 Tyres shall (without prejudice to any other right or remedy of 4×4 Tyres) forthwith become due and payable.
4×4 Tyres’ Return Policy contains a comprehensive guide to our returns, refunds process.
- 8.1 The Customer has up to 14 working days from the day after the goods are received to contact us in writing to let us know they have changed their mind.
- 8.1.1 If the Customer returns Goods that are to be exchanged they will incur a carriage cost to reflect the courier costs back to 4×4 and the redelivery cost.
- 8.1.2 If the Customer returns Goods which are not to be replaced or exchanged, the return carries a charge of carriage return fee and a re-stocking fee.
- 8.2 Should the Customer receive faulty goods 4×4 Tyres must be advised within the timescales stated in the Warranty Policy.
- 8.3 Subject to Returns Policy, refunds will be at the sole discretion of 4×4 Tyres.
- 8.4 With the exception of Goods returned under 8.2 all returned goods must be in their original packaging, are in the same good condition in which they were received, are un-used, fitted or damaged and be inspected before entering the refund process.
- 8.5 Returns cannot be accepted for manufactured wheel rims or items imported at the customer’s request.
- 9.1 4×4 Tyres shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer’s Order. 4×4 Tyres shall have no liability for errors in any Customer’s Order and any loss (or otherwise) that may arise therefrom.
- 9.2 4×4 Tyres 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 4×4 Tyres ‘s instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without 4×4 Tyres ‘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 4×4 Tyres 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. Please refer to our Warranty Policy
- 9.5 Subject to Clause 8.1, if delivery is not refused, and the Customer does not notify 4×4 Tyres in accordance with Clause 9.4, the Customer shall not be entitled to reject the Goods and 4×4 Tyres 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 4×4 Tyres in accordance with these Conditions, 4×4 Tyres shall be entitled to replace the Goods (or the part in question) free of charge or, at 4×4 Tyres ‘s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but 4×4 Tyres shall have no further liability to the Customer or any other person.
- 9.7 Except in respect of death or personal injury caused by 4×4 Tyres ‘s legally proven negligence, 4×4 Tyres 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 4×4 Tyres, 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 4×4 Tyres under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
- 9.8 4×4 Tyres 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 4×4 Tyres ‘s obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond 4×4 Tyres ‘s reasonable control.
10. 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 4×4 Tyres 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, 4×4 Tyres 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 We offer a lifetime manufacturing warranty so if there is a defect in the manufacturing process 4×4 Tyres will replace the order.
- 11.2 Fully painted 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.
- 11.3 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.
- 11.4 Any warranty replacements shall not include incidental charges such as removal, installation or balancing. In no event shall 4×4 Tyres Ltd be liable for special, incidental or consequential damages.
- 11.5 Wheels replaced under warranty will be covered for the remainder of the original Limited Warranty in place for that specific product at that time.
12. DATA PROTECTION
- a. provide the Services to the Customer;
- b. conduct a credit reference search and record;
- c. process payment for the Services; and
- d. inform the Customer about similar products or services that the Company provides.
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- 13.1 4×4 Tyres 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.
- 13.2 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.
- 13.3 No waiver by 4×4 Tyres 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.
- 13.4 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.
- 13.5 The Contract and these Conditions shall constitute the entire agreement between the Customer and 4×4 Tyres 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 4×4 Tyres.
- 13.6 4×4 Tyres 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 4×4 Tyres.
- 13.7 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.
These conditions are intended exclusively for residents and businesses of the United Kingdom. Those who choose to access our Website from other locations do so are their own risk and are responsible for compliance with any all local laws, if and to the extent local laws are applicable. The contract shall be governed by and construed and interpreted in accordance with English law and for the purpose of settlement of any disputes arising out of in connection with them the parties will submit themselves to the jurisdiction of the English courts.
Acceptance of good(s) shall signify your acceptance and to be bound by the Company’s latest Terms and Conditions.