Trade Terms

This page (together with the documents expressly referred to on it) tells you about us and the legal terms and conditions (these Terms) on which we sell any of the products (the Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (this Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site.  Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 20 January 2014.

1. INFORMATION ABOUT US

1.1 We operate the website www.biketyrebuyer.com. We are Micheldever Tyre Services Limited, a company registered in England and Wales under company number 01817398 and with our registered office at Micheldever Station, Winchester, Hampshire SO21 3AP, which is also our main trading address. Our VAT number is 876335394.

1.2 To contact us, please see our Contact Us page.

2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Your Products may vary slightly from those images. Any packaging of the Products may also vary from that shown on images on our site.

2.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

2.3 Any Products you order through our site will (except in the case of manifest error) materially conform to the specification published on our site at the time that you place the order.  However, please note that the nature of the Products is such that there may be cosmetic or other variations between individual examples of the same Product which nevertheless fall within the published specification.  Such variations will not constitute a breach of this Contract.

3. USE OF OUR SITE

Your use of our site is governed by our terms of website use including all other documents incorporated into it (together, our Website Terms of Use). Please take the time to read these, as they include important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy. Please take the time to read it, as it includes important terms which apply to you.

5. TRADE ONLY

5.1 Our site is not designed for purchases by consumers.  You therefore warrant that any purchase you make through our site is made in the course of a business or profession and that accordingly you are not dealing as a consumer.

6. ENTIRE AGREEMENT

6.1 You confirm that you have authority to bind the business on whose behalf you use our site to purchase Products.

6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.

7. REGISTRATION AS A CUSTOMER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

7.1 Before you can place orders via our site you must register for an account on the site using the registration form and we must accept you as a customer.  We will review your registration information and if we decide to accept you as a customer we will create an account for you on our site and issue you with a username and password allowing you to log in to our site.  Please note that we reserve the right to decline to accept you as a customer, and we do not have to give reasons if we do so.  We may disable your account and/or decline to process orders from you if we believe that you have breached or are likely to breach these Terms or our Website Terms of Use.

7.2 Once you have been issued with a username and password for our site, you can use our site to place orders.  For the steps you need to take to place an order on our site, please see our [help] page.

7.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.4 We will confirm our acceptance of your order by sending you an e-mail that confirms that we have accepted your order (Order Confirmation).  The Contract between us will only be formed when we send you the Order Confirmation.

7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.  Pricing errors will be dealt with in accordance with clause 11.5.

8. OUR RIGHT TO VARY THESE TERMS

8.1 We may revise these Terms from time to time.  Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8.2 Whenever we revise these Terms in accordance with this clause 8, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

9. DELIVERY

9.1 We will use reasonable efforts to complete delivery of your order by the estimated delivery date set out in the Order Confirmation, subject to any Event Outside Our Control, but time will not be of the essence in respect of delivery.  If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date as soon as practicable.

9.2 We may deliver the Products ourselves or we may use a third party carrier to deliver the Products.  In either case, delivery will be completed when the Products are delivered to the address you gave us.

9.3 If no one is available at your address to take delivery, we or the third party carrier (as the case may be) will leave you a note that the Products have been returned to our premises or to the premises of the third party carrier (as the case may be).  Please contact us to rearrange delivery as soon as possible.  If you do not rearrange and take delivery of the Products within 21 days from the date of first dispatch, we reserve the right either to:

(a) store the Products (either ourselves or with a third party) until such time as you rearrange and take delivery of them, and charge a reasonable fee for doing so, provided that we accept no liability arising out of or in connection with doing so; or

(b) treat your order as cancelled, in which case we will refund the price paid less a reasonable restocking fee.

9.4 The Products will be your responsibility from completion of delivery.

9.5 You own the Products once we have completed delivery and received payment in full, including all applicable delivery charges.

9.6 You will be deemed to accept the Products 3 days after completion of delivery.  If you believe that the Products delivered are defective or deficient in quantity, you must notify us before that date.

10. NO INTERNATIONAL DELIVERY

10.1  We do not accept orders from or deliver to addresses outside the UK.

11. PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.

11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

11.3 The price of a Product displayed on our site is exclusive of VAT (where applicable).  VAT will be charged at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4 The price of a Product includes standard delivery charges.

11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

12. HOW TO PAY

12.1 You can only pay for Products using a debit card or credit card. We accept Visa, Mastercard and JCB.

12.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card when we confirm your order.

13. MANUFACTURER GUARANTEES

13.1 We will, so far as reasonably practicable, transfer or make over to you the benefit of any guarantee or warranty given by the manufacturer of the Products.  For details of the terms and conditions applicable to any such guarantee or warranty, please refer to the manufacturer.

14. OUR LIABILITY

14.1 We only supply the Products for business purposes, and you agree not to use the Products for any personal purposes.

14.2 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.

14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

14.4 Subject to clause 14.2 and clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products.  Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

16. COMMUNICATIONS BETWEEN US

16.1 Any reference in these Terms to communication or notice in writing includes e-mail.

16.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

16.3 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

16.4 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.

16.5 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.6  The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17. OTHER IMPORTANT TERMS

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

17.8 We will not file a copy of the Contract between us.
 

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