TERMS & CONDITIONS
This website is owned and operated by offroad tyre group Ltd. The document below sets out the terms and conditions for offroad tyre group Ltd website sale of tyres, oils lubricants and cleaning products.
Please read these conditions (“Website Conditions”) carefully as they set out the rules for how the Company runs the Website and supplies the Goods which you may purchase through this Website.
1.0 Definitions
The seller referred to in this document is offroad tyre group ltd and the Customer is the person, firm or company contracting whether verbally or in writing, with the Seller. ‘The Goods’ means the Goods supplied by the Seller to the customer.
All orders are accepted strictly on the understanding that the Customer accepts these conditions of business. If a customer issues an official order containing conditions of purchase the Sellers conditions of sale shall prevail unless agreed in writing by the Seller.
2.0 Prices and publications
The Seller reserves the rights to change the contents of this Website including the amendment of prices, and the Website Conditions at any time without notice, by posting such changes on the Website.
Prices quoted include VAT which will be charged at rate ruling date of despatch.
Although we endeavour to provide exact information as possible, the accuracy of any information supplied as to price, description, measurement or specification of goods cannot be guaranteed due to manufacturers revisions.
Pricing for some goods on this website may not be available at the time of publication hence the goods are priced at £0.00. In this case these goods are not free, it is recommended that the Customer contact the Seller directly by email, telephone or using the website contact page to acquire the correct price for the goods.
3.0 Payment
Payment for the Goods should by Bank Transfer to xxxx . Payment must be made with the order prior to dispatch and delivery.
4.0 Passing of Property in Goods
4.1. The Customer’s Order shall not be deemed to be accepted by offroad tyre group ltd unless and until the Order Confirmation has been issued to the Customer.
4.2 The Customer shall be responsible to offroad tyre group ltd for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer, and for giving offroad tyre group ltd any necessary information relating to the Goods within a sufficient time to enable offroad tyre group ltd to perform the Contract in accordance with its terms.
offroad tyre group ltd shall incur no liability resulting from inaccurate information being supplied by the Customer.
4.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Confirmation.
4.4 offroad tyre group ltd 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 offroad tyre group ltd.
5.0 Cancellation and restocking
5.1 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 the Seller and on terms that the Customer shall indemnify the Seller 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 the Seller as a result of cancellation by the Customer of the Customer’s order.
5.2 Goods dispatched to the Customer and subsequently accepted for cancellation by the Seller will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by the Seller. The Seller at it’s absolute discretion may agree to the return of Goods by the Customer provided that the Goods are returned at the Customer expense, in the same condition and in the original packaging as of the date of dispatch by the Seller or their agents. Any Goods agreed by the Seller as acceptable for return for any reason (excluding faulty goods) will be subject to a restocking charge of 5% of the net invoice value of the items, together with the reimbursement of any expense incurred by the Seller as a consequence of the return of said Goods to the Sellers stock or to the manufacturers/suppliers stock.
5.3 The Seller reserves the right to cancel any order (or any part of the order) if for any reason the Goods ordered by the Customer are no longer available.
6.0 Delivery
6.1 Where a Customer has booked the Mail Order Service, delivery of the Goods shall be made by the Seller 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 the Seller.
6.2 Any dates quoted for delivery are approximate only and not guaranteed and the Seller shall not be liable for any delay in delivery and/or fitting of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. Where the Mail Order Service is booked by the Customer, the Goods may be delivered by the Seller 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 the Seller adequate delivery instructions in the Customer’s Order then, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.3.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.3.2 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
6.3.3 return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.
6.4 Delivery of the Goods shall be evidenced by the return to BCL 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.
6.5 Delivery charges are set according to the number of items ordered by the customer. The first item is charged at £6.50 and an additional £3.00 is added for each item thereafter. The Seller reserves the right to change delivery prices by posting notice on the website.
7.0 Damage
It is the customer’s responsibility to inspect Goods at time of delivery, before signing the delivery note and accepting the consignment. Any damage must be noted on the carriers delivery note at time of delivery (signing unexamined is unacceptable), otherwise claims cannot be entertained. Damage must be reported to both the Seller and Carrier immediately, and confirmed to the Seller in writing with in 48 hrs of delivery. Damaged goods will not be exchanged if used, unless expressly agreed by the Seller in writing before such usage. Usage of goods claimed as damaged will be taken as acceptance of item(s) in good condition and the Seller will accept no liability (unless agreed by the Seller in writing before such a usage).
8.0 Returns
8.1 In the case of the Mail Order, within 14 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 full refund, 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 the Seller. In such event the Customer shall be responsible for the costs of returning the Goods. If the Seller collects the goods, the Seller retains the right to charge the customer for any direct costs associated with the return of the goods. Customers returning goods directly to the Seller must do so within 14 days of the date cancellation is requested. No additional restocking charge or administrational charge will be added in accordance with Distance Selling Regulations.
9. Liability
9.1 The Seller shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer’s Order. The Seller shall have no liability for errors in any Customer’s Order and any loss (or otherwise) that may arise therefrom.
9.2 The Seller shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Sellers instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without the Sellers 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 the Seller 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.