Terms & Conditions
Truck Tyre Eshop Website Terms and Conditions Of Sale
This Website is intended for purchases of truck tyres and accompanying tyre fitting services. It is intended for use by business customers.
For the purposes of the terms and conditions Product means all products and parts sold by us including all products or parts which are supplied as part of any service that we carry out, and Service shall mean all services or repairs which we carry out including Product fitting, inspections, checks and servicing.
If you do not agree to these Website Terms, you must not order any Product or Service from us via this Website
1 About us
1.1 ATS Euromaster Limited (referred to in these Website Terms as “we”, or “us”) is a company registered in England and Wales, whose registered number is 04303731 and whose registered address is at Vantage Point, 20 Upper Portland Street, Birmingham B6 5TW. Telephone: 0121 325 7325 , fax: 0121 325 7333, email: email@example.com. Our VAT registration is 813 0511 80. ATS Euromaster Limited is a member of the following Trade Organisations:
· National Tyre Distributors Association (Membership No. 2759);
· Freight Transport Association (Membership No. 146);
· ACFO Limited (no membership No.);
· TyreSafe (no membership No.);
· Road Haulage Association (Membership No. 0027425-000)
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: Customer Relations Team, Vantage Point, 20 Upper Portland Street, Birmingham B6 5TW
Telephone: 0333 0050502 (standard geographic rate telephone call) or 0870 608 8668
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 the United Kingdom; and
(c) ordering Products for fitting in the United Kingdom; and
(d) purchasing tyres for business purposes.
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 in the United Kingdom. Please also note that Services and Products ordered using the Website are only available at selected ATS Euromaster service centres. There are currently no Services and Products available at ATS Euromaster service centres in Northern Ireland. Mobile Services are available for tyre fitting only.
3 Product and Service descriptions
3.1 All Product and Service descriptions and illustrations shown on the Website are provided in good faith but are intended for guidance and illustration purposes only and actual Products and Services may vary accordingly. ATS Euromaster accepts no liability or responsibility for the Product information, performance information and photographs appearing on the Website which are provided by, and remain the property of, the relevant manufacturer.
prices shown on the Website:
(a) are in pounds sterling;
(b) are inclusive of Value Added Tax (“VAT”) at the relevant rate.
The online truck tyre fitting charge includes the labour only. Replacement Valves, Valve Extensions and Tyre Disposal are separate chargeable items and may be added at the basket stage. If any of these items are not purchased as part of the online process but are later requested or required, they must be paid for in advance before the order is fulfilled, in all circumstances.
Tyres received by ATS Euromaster for disposal may, at ATS Euromaster’s discretion, be sent for recycling, recovery, disposal or returned to the manufacturer (as appropriate}.
Tyre fitting is available either at an ATS Euromaster service centre or by way of ATS Euromaster's Mobile Service. The Products purchased on the Website may also be collected from ATS Euromaster, or delivered to you, without the fitting service.
3.3 Products and Services are subject to availability and the presence of a Product or Service on the Website does not guarantee that such Product or Service will be available for purchase.
3.4 Whilst we use reasonable endeavours to keep Product and Service availability and prices up-to-date on the Website, availability can change on a day to day basis and price increases can take place on very short notice. We reserve the right to add or delete Products and Services and to increase prices at any time. Where a Product or Service ceases to be available after the date of your order but before you attend the ATS Euromaster Service Centre for service or the ATS Euromaster Mobile technician attends your vehicle 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 Whilst 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 or Service 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.
3.6 You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website, the Products and the Services ("IPR").
4 How to order Products and Services
4.1 You will be able to search for Products and Services by using one of a number of categories/methods and select the Products and Services from the results of your search.
Please select the tyres you require.
You will then need to select the ATS Euromaster service centre at which the provision of the Products and Services are to take place or select the Mobile Service if that is the required option. Please note that, as mentioned above, not all ATS Euromaster service centres offer the Products and Services available on the ATS Online Shop and you will need to select from those centres offered by the Website. The Mobile Service can only be provided within a 20 mile radius of the chosen ATS Euromaster service centre.
You will then be required to insert your personal and company details.
4.2 After you have made your choices and entered the information the Website will display your choice of Products and Services and 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, Services and service location details you will be asked to proceed to pay for the Products and Services 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.
4.4 A member of your chosen ATS Euromaster service centre team will contact you within one working day to discuss availability, delivery and/or fitment of the tyres.
4.5 When you submit an order to purchase a Product and Services from us, your order represents an offer to us to purchase the Product and Services, which notwithstanding the taking of payment from you by us we may choose to accept or refuse in our sole discretion – it does not represent a legally binding contract. Whilst we will do our best to fulfil your order, we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where Products or Services have been incorrectly priced on our Website). When we receive your order we will produce an automatically generated acknowledgement of order message. We will also subsequently send you an automatically generated written order summary setting out the Products and Services you have ordered. The order summary will also contain a unique reference number (the E–Shop transaction number). You must print off and bring the order summary with you to the ATS Euromaster service centre when you attend at the appointed time.
4.6 Neither the automatically generated acknowledgement of order message nor the automatically generated written order summary constitute an acceptance of your offer. Your offer is accepted by us and becomes legally binding only when we confirm that both the products and services are available to you and the products are delivered and/or fitted.
4.7 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 ATS Euromaster service centre or Mobile technician 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, Service or Product (as appropriate);
· If for any reason we need to cancel your order and arrange a refund;
4.8 The maximum number of Products which may be purchased during any one transaction is as follows:
• Tyres - up to 10
(Please also refer to paragraph 3.2 above in relation to fitting)
5 Payment for the Products
5.1 All payments are to be made in pounds sterling.
5.2 All Products will remain our property until we have received payment in full for the Products and Services.
5.3 During the order process, you will be asked to complete your payment details. We accept most major credit and debit cards. Voucher codes from the voucher pages of the ATS corporate website or any promotional literature will not be redeemable against Products or Services ordered using the Website unless specifically stated.
5.4 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.
5.5 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.
5.6 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 The date and time for fitting the tyres will be arranged with you by the ATS Euromaster service centre team (as referred to above). Please ensure that you attend at your chosen ATS Euromaster service centre in good time for your booked time slot. If the Mobile Service is chosen please ensure that you are available at the arranged location in good time for the appointment. 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 chosen ATS Euromaster service centre or Customer Services team on 0370 066 3621. The tyre fitting can only take place at (or if the Mobile Service is chosen, by,) the ATS Euromaster service centre you have selected when placing your order.
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 ATS Euromaster service centre or for the Mobile Service for fitting, although we will fit the Product at your original appointment if stock availability and workload permits.
6.3 Whilst we use our best efforts to meet appointments at the ATS Euromaster service centres and via our Mobile Service there may be occasions where we will not be able to fit your Products or provide the Services in accordance with the appointment arranged through the ATS Euromaster service centre. In such circumstances we will inform you of any delay or cancellation as soon as reasonably practicable but in accordance with clause 7 we shall have no liability for any losses or damages caused by any such delay or cancellation.
6.4 If you fail or are unable to attend your service appointment on the date and time arranged you will need to contact the ATS Euromaster service centre or Customer Services team on 0370 066 3621 and arrange an alternative appointment. A rearranged appointment will need to be made by contacting the ATS Euromaster service centre, or Customer Services team 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 or Services 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 ATS Euromaster service centre or for a Mobile Service appointment (as the case may be) for the provision of the Products and Services within one month of the date of the 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 or Services 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 9 of our Trade Terms referred to above.
8 Cancellation and Refunds
8.1 No contract is formed until we confirm that both the products and services are available to you and the products are delivered and/or fitted. You may cancel your order at any time up to 3 hours before the appointment time. If you cancel your order in such circumstances, we will refund any money received from you less any charges we incur in relation to the cancellation of the order (for example restocking charges).
If you do wish to cancel your order you should telephone the ATS Euromaster Service Centre team as soon as possible. If the cancellation is received less than 3 hours before the appointed time a cancellation charge may be made.
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 Services, or due to an error in pricing or description, or
• A cheaper substitute is accepted by you than that ordered and paid for;
• Where the Services are provided in respect of vehicles which are zero rated for VAT.
Any refunds given by us will be made to the debit/credit card account provided when you placed your order.
9 ATS Euromaster’s Complaint Handling Policy
9.1 If you are not happy with any aspect of the Products and Services that ATS Euromaster has provided to you, or if you discover a fault with the Products or Services please contact our Customer Relations Team on : 0333 0050502 – (standard geographic rate telephone call) or 0870 608 8668 (Monday to Friday 8.30 a.m. - 4.30 p.m.) and we will do everything we can to assist you.
10 Other important terms
10.1 Calls to ATS Euromaster may be recorded as part of our customer service policy and for training purposes.
10.2 Standard text message fees apply to the text messaging service offered by ATS Euromaster. Fees may vary with the network provider.
10.3 We may update or amend these Website Terms from time to time without notice to you. Any updates or amendments will be posted on the Website.
10.4 These Website Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
10.5 You may not assign or sub-contract any of your rights or obligations under these Website Terms to any third party unless we agree in writing.
10.6 We may assign, transfer or sub-contract any of our rights or obligations under these Website Terms to any third party at our discretion.
10.7 No relaxation or delay by us in exercising any right or remedy under these Website Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
10.8 If any of these Website Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Website Terms shall remain in full force and effect.
10.9 Only you and we shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.10 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 are dated 1st August 2016.