Terms and Conditions
Website Terms and Conditions of Sale
This Website is intended for purchases of car, van and 4x4 vehicle tyre fitting services together with selected vehcile related products and services. It is intended for use by individual retail consumers only and should not be used by business or account customers.
For the purpose of the terms and conditions Product means all products and parts which are supplied as part of any service that we carry out, and Service shall mean any services or repairs which we carry out including Product fitting, inspections, checks and servicing.
1 About us
1.1 Modern Tyre Service is a company registered in Northern Ireland and whose registered address is Modern Tyre Service, 56 Tempo Road, Enniskillen, Co Fermanagh, BT74 6HR . Telephone: 0870 60 72537, email: firstname.lastname@example.org. Our VAT registration is 331208208.
1.2 Should you have any questions about these Website Terms or wish to contact us for any reason whatsoever, please use the contact details set out below:
Post: Marketing Department, Modern Tyre Service, 56 Tempo Road, Enniskillen, Co Fermanagh, BT74 6HR
Telephone: 0870 60 72537
2 About you
2.1 By ordering the Products and Services from us, you confirm that you are:
(a) over 18 years old;
(b) resident in United Kingdom or Ireland; and
(c) ordering Products for fitting in Northern Ireland.
If any of the above is incorrect, you must not order any Product or Service from this Website. We reserve the right, in our sole discretion, to refuse to accept your order.
2.2 This Website is for use only by those wishing to order Products and Services for fitting in Northern Ireland. Please also note that fitting Services for Products ordered using the Website are only available at selected Modern Tyre Service branches. Details of availablity are provided on the Website.
3 Product descriptions
3.1 All Product descriptions and illustrations shown on the website are provided in good faith but are intended for guidance and illustration purposes only and actual products may vary accordingly.
3.2 All prices shown on the Website:
(a) are in pounds sterling;
(b) are inclusive of Value Added Tax (“VAT”) at the relevant rate.
The following fitting services - disposal of your old tyres (if necessary), new valves and wheel balancing are mandatory and will be included as a separate charge.
No refund will be made if you do not require any of the elements of the fitting services.
All products purchased on this website must be fitted at a Modern Tyre Service branch. The products purchased on the website cannot be collected from Modern Tyre Service without fitting. Tyres must be fitted to the vehicle specified by you in your order on the website.
3.3 Products are subject to availability and the presence of a Product on the website does not guarantee that such product will be available for purchase.
3.4 We put a lot of time in to make sure that our prices are up-to-date on the Website. Availability can change on a day to day basis and price increases can take place at very short notice. We reserve the right to add or delete products and to increase prices at any time. Where a Product ceases to be available after the date of your order but before you attend the Modern Tyre Service branch we shall try and contact you to inform you. If the product is no longer available you may choose an alternative product (subject to availability) and if the price of the alternative product is different we shall inform you of the new price for that product. Following notification under this clause you may either choose to accept (as appropriate) the alternative product and the new price and confirm the order with the alternative product and the new price or you may cancel your order in which event we will reimburse to you the price already paid.
3.5 While we always endeavour to ensure that prices and descriptions given on the website are correct inevitably errors do occur. Where the price or description of a product is found to be incorrect as part of the order verification process we shall contact you and inform you of the correct price and/or description following which you may either confirm the order with the correct price and/or description or cancel your order in which event we will reimburse the price paid by you.
4 How to order Products
4.1 You will be able to search for products using one of a number of categories/methods and select the products from the results of your search.
4.2 After you have made your choices and entered the information the website will display your choice of products andand your chosen service location details. If you wish to change any element of your order, simply click on the button labelled “Change”.
4.3 Once you are happy with your choice of products, and service location details you will be asked to proceed to pay for the products by clicking on the button labelled "Proceed to Payment". Having completed the payment details and payment card authorisation the order will be submitted to us.
4.5 The automatically generated acknowledgement of order message constitutes an acceptance of your offer. Your offer is accepted by us and becomes legally binding only when you attend the Modern Tyre Service branch for fitting of the Products and we confirm availability.
4.6 Following your order we may contact you (by phone or e-mail) for one or more of the following reasons:
• A courtesy call by the Modern Tyre Service branch to confirm your appointment, check the tyre size and discuss any other issues.
• To advise you of any problems with your order or to offer an alternative service appointment, S or Product (as appropriate);
• If for any reason we need to cancel your order and arrange a refund;
4.7 All payments are to be made in pounds sterling.
4.8 All products will remain our property until we have received payment in full.
4.9 During the order process, you will be asked to complete your payment details. We accept most major credit and debit cards.
5.1 All card payments are subject to authorisation by your card issuer. If your payment authorisation is subsequently withdrawn before the service appointment, we will cancel your order and attempt to notify you (which notification may include e-mail) that we have done so.
5.2 As we take payment from you before a legally binding contract is formed if, for whatever reason, your offer is not accepted and fulfilled we will refund any payment received from you.
5.3 If we suspect that any order is dishonest, fraudulent or involves stolen identity or payment details we reserve the right to make any additional checks and to involve any appropriate authorities.
6 Provision of Fitting Services
6.1 As part of the order process you will book a specific date and time at a Modern Tyre Service branch for supply of the Products. Please ensure that you attend at your chosen Modern Tyres Service branch in good time for your booked time slot. If you fail to attend at the time slot you have booked or you are not available at the appointed time we reserve the right to cancel your appointment and you will need to book a further appointment by contacting your Modern Tyre Service branch.
6.2 Prior to carrying out the fitting of the products ordered we shall check that the products specified in your order are of the correct specification and type for your vehicle. If we discover that the products ordered are not of the correct type or specification we shall endeavour to inform you of this and you may select a product of the correct type and/or specification. In such circumstances you may need to make a further appointment with the Modern Tyre Service branch, although we will fit the product at your original appointment if stock availability and workload permits.
6.4 If you fail or are unable to attend your service appointment on the date and time chosen when making your order you will need to contact the Modern Tyre Service branch and arrange an alternative appointment. A rearranged appointment will need to be made by contacting the Modern Tyre Service Marketing Department, direct and cannot be made on the Website. Any such rearranged appointment should be within one month of the date of your original order.
6.5 We reserve the right to cancel any order if the products ordered cease to be available or are withdrawn for any reason. In such circumstances we will notify you of the cancellation. We may also cancel an order at any time if you have failed to attend at the Modern Tyre Service branch for the provision of the products within one month of the date of order. In either such circumstances our only liability to you shall be to refund any payment received from you for that order.
7 Our liability to you
7.1 We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. The information contained in the website is for information only and has not been written to meet specific individual requirements. The information on the website may not be accurate and may include inaccuracies and errors, we make no representation concerning the accuracy, suitability or relevance of any information on the Website for any particular purpose. We exclude, subject to Clause 7.5, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
7.2 We will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with or out of your use of, or inability to use the website, any order placed by you or the products supplied in connection with any order even if we have been advised of the possibility of such damage.
7.3 Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall, subject to Clause 7.5, be limited to the sums paid or payable for the Products and Services.
7.4 We will not be liable to you where we breach these Website Terms due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats 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; difficulties in obtaining materials, labour, fuel, parts or machinery; lack or shortage of stock or goods; adverse weather; traffic congestion or disruption; power failure or breakdown in machinery.
7.5 Nothing in these Website Terms shall limit our liability for personal injury, death or fraud caused by our negligence.
7.6 The provisions of this clause are in addition to the terms set out in clause 2 of our Consumer Terms as set out below.
7.7 This clause does not affect your statutory rights as a consumer.
8 Cancellation and Refunds
8.1 No contract is formed until you attend at the Modern Tyre Service branch for fitting of the products and we confirm availability of the products. You have a right to cancel your order at any time up to the time the contract is formed. If you cancel your order in such circumstances, we will refund any money received from you in full.
8.2 A full or (as appropriate) partial refund may be given in the following circumstances:
• You cancel your order in accordance with clause 8.1 above
• Where you have ordered and paid for more products than needed;
• In the event that the order is cancelled for any reason including non-availability, increased price or withdrawal of the Product, or due to an error in pricing or description, or
• A cheaper substitute is accepted by you than that ordered and paid for;
Any refunds given by us will be made to the debit/credit card account provided when you placed your order.
These Website Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Website Terms, you and we shall submit to the exclusive jurisdiction of the English courts.
These Website Terms were last updated on the 26th February 2014.