Easy Wheels Terms and Conditions of Use
Who are we:
We are Easywheels.co.uk, the trading name of Easywheels online Limited, a company incorporated under the Companies Acts 2006 with company number 8399083. ("Easywheels")
Our registered office is at Easywheels, Adamson House, The Towers Business Park, Manchester, M20 2YY. Our main contact number is 0333 9000 201 if calling from the U.K. If abroad or you wish to contact us by email please use email@example.com as your main point of contact.
Throughout our website we will use the terms, "our", "we", "us" interchangeably to describe Easywheels. When we refer to "you" we are describing the user of our website.
About these Terms and Conditions & the Law
The terms and conditions you are reading govern the use of the website, www.easywheels.co.uk, referred to herein as, "the/this website". These terms and conditons create a legally binding contract between us and you, with your acceptance of these terms and conditions being made by using this website. Your acceptance of these terms and conditions shall be from your first use of this website. If for any reason you do not fully accept these terms and conditions you should stop using the website immediately.
We reserve the right to make changes to, or update these terms and conditions on occasion and your continued use of the website will constitute your acceptance of any changes that we make to these terms and conditions.
There may be occasions on which we will have additional terms and conditions on this website. E.G. in the event of a promotion or in connection with sale items which will give rise to specific terms and conditions. In the event of any conflict between the original terms and conditions displayed on this page and those additional connected with the promotion, the additional condtions shall superseed.
Governing Law and Jurisdiction
The contract between us and any matter which arises from this or in connection with these conditions, will be governed in accordance with the English law. The English courts will have full jurisdiction to resolve any disputes that arise between us and you.
Interpretation (This should also be read in conjunction with "About these Terms and Conditions & the Law" section)
The website means the website we (the company) have published to the internet, and for the purpose of these conditions will be www.easywheels.co.uk
Your acceptance means that you agree to be bound by these terms and conditions and the methods for resolution that have been set out herein.
Easywheels will be described throughout using the interchangeable following terms, "our", "we", "us". We will refer to you, the user throughout the conditions as "you".
The website and "website information" shall constitute, Easywheels.co.uk and the content therein, including but not limited too the graphics, images and text, logos, and scripts which operate throughout the site.
Copyright & Linking to us
The website information and intellectual property contained within this site are owned by Easywheels Online Limited.
Where the information or content we post on this website is copyright of a third party we will do our best where practical to acknowledge the copyright owner.
The contents of our website may not be used for commercial use. You are permitted to use this site, both offline and online for personal use only. You are not permitted to copy, distribute, change, or make available any of the website information without seeking prior written permission from us. (Any permission will be granted at our discretion and in accordance with these terms and conditions)
Before linking to our website, either through a hyperlink or written link, you must first contact us at firstname.lastname@example.org. Please send us a URL of where the link will be displayed and the URL that you will be wishing to link to on the Easywheels.co.uk website.
Trademarks around the site
The Easywheels brand and the Easywheels logo are currently trademark pending and are used throughout the site. We also use a number of third party trademarks throughout the site and these are credited wherever practical to their owner.
Accuracy of the information on the site
The information contained within this website, the "website information", is provided as seen. Easywheels will make every effort to ensure the information is current and correct but will not be held liable for any actions that are taken (or not taken) as a result of this information. The website is updated multiple times throughout the day in order to ensure the most current pricing and stock availability, and we reserve the right to update this information at any time without notice and without liability to you.
Any information posted by users, such as (but not limited to) product reviews or garage reviews are the opinions and views of those user and Easywheels will not be held liable for the content of this information or any actions taken (or not taken) as a result of this information.
Easywheels will not be held liable for the content of third party sites that we may have linked to throughout our site, and we take no responsibility for them or their content.
The information we display on this website is in part dependent on the information you input. Our liability to you will cease if you enter inaccurate information and take actions (or don't) in respect of the information we display based on this. This includes, but is not limited too incorrect tyre sizes or locations.
Should you find on our site any information you believe to be incorrect, please send an email to email@example.com, detailing the nature of the error and the URL where we can find this. We will then, at our discretion investigate the reported issue and take action accordingly.
The Web & Service Interruption
Our website, like all others is reliant on the internet, a global computer network over which Easywheels has no control. We can therefore take no responsibility for any interruption to the service.
Like other sites we are also vulnerable to abuse from cyber vandals or "hacking" and we can therefore not be held responsible for any information on the site as a result of their actions. (This may include the transmission of viruses or malicious code, although every effort is made to ensure the website is secure and clean
Acceptable use of the site
Use of the website is for personal use only. Any attempts to use the website for commercial gain shall be treated as breach of our terms and conditions.
Attempting to, or breaching of our security on the site, including but not limited to accessing private information or areas of the site is strictly prohibited. Civil or criminal liability may result from breaching the websites security.
You may not use the website in any way which could damage or harm the website or other users of the site, including accessing private areas of the site illegally.
You may not use any spiders, robots, or any other data extraction/gathering programme/script to scrape data from our site without prior express written permission from ourselves. This includes but is not limited to displaying our product and price information on external sites for comparison. If you would like to do this then please contact us at firstname.lastname@example.org to ensure you have permission.
When leaving reviews or comments on sections of the site that rely on user generated content, you must not mislead the website and/or it's users as to who you are by giving false information. The content is your responsibility and should be within the Laws of the United Kingdom, refraining from obscene, racist, defamatory, malicious or offence content. There must also be no political content or commercial posting, including but not limited to advertising or spam.
Unauthorised use or misuse of our website may result in civil or criminal proceedings and a claim for damages on our part.
Our Liability to you (Please also read this in conjunction with the Terms of Sale liability section)
Nothing in these terms and conditions shall restrict our legal obligations to you in respect of death or personal injury for a breach of duty on our part arising from the course of business. As far as is lawfully possible we will exclude ourselves of all liability to you in contract. We will also exclude our liability for any loss incurred to you by us.
Privacy & Cookies
Our website is intended for exclusive use of residents of the United Kingdom. We currently cannot deliver or provide our service to the isle of man or Northern island. Those who chose to access the website outside of the U.K do so at their own risk and are responsible for compliance with all local laws.
The failure by Easywheels to exercise or enforce any of our rights or provisions of these terms and conditions will not in any way constitute a waiver of such rights or provision.
Easy Wheels Terms and Conditions of Sale
1.1 Throughout these conditions
'EW' means Easywheels Online Limited, a U.K company incorporated under the Companies Act 2006, company No. 8399083, with it's registered office at Easywheels, Adamson House, The Towers Business Park, Manchester, M20 2YY;
'EW Site' refers to the website that EW has published on the internet and located here: www.easywheels.co.uk;
'Conditions' means these terms and conditions that govern our website and the process of selling and fitting tyres.
'Contract' refers to the contract between EW and the customer in relation to a purchase and sale of goods constituted and evidence by the customer order and the order confirmation sent from ourselves;
'Customer' means the person who has placed an offer to purchase goods that has then been accepted by EW;
'Customer's Order' Order' refers to an order made by the customer, through the EW site, using the EW ordering process as set out by EW and the EW Site.
'Force Majeure' is used throughout the terms and conditions to remove liability for any of the following; 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 EW employees or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery;
'Fully Fitted Service' means the full service provided by EW for the sale of the tyres and the arrangement of fitting through our website. We will not only provide the tyres but will arrange a third party provider to fit these too your vehicle at no extra cost to yourself.
'Goods' refers to the tyres, including the fitting, balancing, valves and other services which EW is to supply in relation to a customer order, in accordance with these conditions.
'Order'means the order made by the customer through the EW site, using our ordering process.
'Order Confirmation' means the confirmation email or letter supplied by EW to the customer as acceptance of the customer's order. This will be issued prior to the customer receiving the goods.
'User' means anyone using the website whether with or without the intent to purchase Goods,
'Writing' includes email, written letters and any other text based communications.
2. The Sale.
2.1 EW shall sell and the customer shall purchase the goods in accordance with the customers order and order confirmation as supplied by the EW site. The order shall be fulfilled in accordance with these conditions, which will govern the contract.
2.2 The User must acknowledge that the website, it's text, prices, and inventory listings or any other sales documents on the EW site, only constitute and invitation to purchase, and may not be construed by the customer as an offer or binding obligation for which EW is liable to fulfill or sell any order or item to the customer.
2.3 These conditions will not be subject to amendment and will remain binding on all customer orders unless EW representatives have given explicit permission.
2.4 EW employees or agents are not permitted to make representations concerning goods unless confirmed by EW in writing. The customer, by entering in to a contract and by agreeing to our conditions acknowledges that they must not rely on any such representations. The customer acknowledges that by acting on these representations or opinions they do so at their own risk, and absolve EW of all liability relating to such advice or recommendations.
2.5 All efforts are focused on making sure the information on the EW site is up to date, and free from errors and/or omissions. Price lists, website text and order confirmations or invoices are subject to correction without any liability on the part of EW.
3. Order offers
3.1 No order shall be deemed to have been accepted by EW until the customer has received their order confirmation in writing.
3.2 An initial email will be sent to acknowledge receipt of the customers offer to complete an order with EW, however, as per 3.1, this will not constitute acceptance of the offer.
3.3 The customer will be held responsible for the accuracy of all information provided to EW during the ordering process, and all information related to the Customer Order. Any changes to this information must be given with sufficient time for EW to still fulfill it's contractual obligations. EW shall not be held liable for anything resulting from inaccurate information supplied to us by the customer.
3.4 The specification of the order shall be that set out in the order confirmation, and will detail quantity and/or descriptions of Goods ordered.
3.5 EW retain the right to change the Goods or any specifications and designs at any time in accordance to changes in the law, or at the discretion of EW
3.6 Subject to these conditions, the Customers's order may ont be cancelled after the customer has received their order confirmation without the prior, express permission of EW. In the event of any cancellation, the customer shall be liable to indemnify EW in full against losses, (including profit) and all costs or expenses incurred as a result of the cancellation by the customer.
4. Pricing of Goods and Products
4.1 The pricing of all goods shall be displayed on the EW site, inclusive of all taxes and are subject to change at any time.
4.2 The price the customer pays for the goods will be confirmed in the order confirmation and will not differ from that they have seen throughout the order process on our website without express contact from EW representatives prior to the order confirmation being sent.
4.2 EW reserves the right to increase, by giving notice to the customer at any time before the issue of the order confirmation, the price of goods to reflect:-
4.2.1 Any increases in the costs to EW which is due to any factor beyond our control, including, but not limited to, Foreign exchange fluctuations, alteration of duties, changes in the cost of labour, materials or other costs of manufacture, including the Goods themselves.
4.2.2 Any change in delivery dates, quantities or specifications for the goods which the customer requests
4.2.3Any delay caused by customer requests, changes made by the customer, or delays in supplying required information or instructions.
5. Payment Terms
5.1 EW shall be entitled to receive from the customer through debiting their credit/debit card the price/sum shown on the customers order confirmation, on the day of, or any day in the future from the date the order is placed. The payment shall, unless otherwise expressed in writing by EW always include any applicable VAT and taxes.
5.2 The customer will be obliged to pay the price/sum of the goods ordered on the day of placing the order. EW will be entitled to recover this price/sum for the Goods, even if delivery or the exchange of property has not yet been completed. Receipts for payments will be issued electronically.
5.3 If the customer fails to make payment, by the date due, or if the payment is declined/returned by the bank during procession, EW, without infringing on any other right or remedy shall be entitled to:
5.3.1 Cancel the order (contract between EW and the customer) or suspend delivery until payment has been completed.
5.3.2 Charge the customer interest, (both before and after any judgement) on any unpaid amounts at the rate of 3% per annum above the Bank of England base rate until payment is made in full.
6.1 All prices on the EW site are shown Fully fitted, and as such all tyres will be delivered to an EW approved fitting station as selected by the customer during the order process. The address will be shown on the order confirmation and any changes will be subject to clause 4.3, and only accepted with written permission from EW.
6.2 Whilst we will always endeavor to ensure that delivery dates and fitting times are met, these cannot be guaranteed due to circumstances outside of our control, (including but not limited to wholesale delays, human error).
6.2.1 Time for delivery shall not be the essence of the contract unless previously explicitly agreed in writing by EW.
6.3 EW will make every effort to ensure that the customers tyres are delivered to the EW fitting station in advance of their “selected” fitting date and time. However, in the event they are not there in on time EW reserves the right to rearrange with the customer a new fitting time with EW having no liability for loss, either financially or otherwise as a result of this.
6.4 If the customer wishes to change the selected fitting station this may be possible at the discretion of EW employees or agents. Only when this is expressed in writing shall both parties be deemed to have accepted this as the new delivery address for the Goods.
6.4.1 EW reserves the right to levy a charge to the customer if the change of fitting station is made after delivery to the original fitting station specified in the order confirmation has been made. This charge shall constitute no more than 20% of the total Customer Order price.
6.4.2 In the event the customer does not arrive/turn up for the fitting appointment and makes no contact with EW, we reserve the right to return the tyres to the supplier and levy any charges we incur against the customer.
7.1 In accordance with the distance selling regulations, and EW own returns policy the following terms shall apply in relation to the return of Goods.
7.2 Providing the Goods have not been fitted to your vehicle and are in the same condition as they were upon delivery, EW will happily accept the return of your tyres. There is usually no charge for the collection of these, and in accordance with the law there are no restocking charges applicable. However, if EW incurs a collection charge we reserve the right to charge this to the customer. (If you're in any doubt please contact our customer services department before confirming the return who will be happy to notify you of any applicable collection fees if any.) For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry's website at: http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html
7.3 Subject to clauses 7.1 and 7.2, all other circumstances of refund requests shall be entirely at the discretion of EW and EW representatives. Refunds will be judged on a case-by-case basis when falling outside of the jurisdiction of clauses 7.1 and 7.2.
8. Damage Risk & Property
8.1Risk of damage to or loss of the Goods supplied by EW shall be passed to the customer at the time at which the Customer has be notified that the tyres have been fitted and are ready for collection. (This is subject to any terms and conditions between EW and the Fitting station which will take precendence in any conflict on the issue.)
8.2 The title to and in the goods, along with their responsibility shall not pass to the customer until all sums owed to EW in relation to the Goods have been paid in full.
8.3 Until such time that the Good s have been passed to the customer as property, EW reserves the right to request that the customer deliver the tyres back to EW, or allow EW on site to the premises where they are stored to recover the EW property. The customer will be legally obliged to assit and help EW in the repossession of the goods.
8.4 In the event that the goods are damaged, either during transit or by the EW fitting station, EW will replace the Goods for the customer but not be held liable for any extra costs incurred as a result of the delay in the customer receiving their goods, as subject to clause 6.3
9.1 EW shall not hold any liability in respect of any defects or problems with the Good's that relate to inaccuracies in the Customer's Order. EW shall not have any liability for any loss or otherwise that may arise from this inaccuracy.
9.2 EW shall hold not liability in any respect of any defects in the goods arising from wear and tear, willful damage, or negligence, including failure to following EW recommended instructions. (For example only fitting 2 directional tyres to the rear of a car) This also includes any alterations of modifications made to the Good's without EW's express written permission.
9.3 All warranties are provided, except for where granted by law, by the Manufacturers and the relevant fitting stations.
9.4 Any claims relating to defects in the quality or condition of the tyre should be submitted to EW within 48 hours of the fitting of the tyres, or 24 hours of the discovery of the defect if it would reasonably not have been seen or found beforehand.
9.5 Subject to clause 7.2 the goods will not be accepted for return unless they are rejected upon receiving them at the chosen fitting station.
9.6 Upon receipt of a valid claim in respect of defected Goods, EW shall be entitled to offer free of charge to the customer a replacement tyre, or at the discretion of EW staff, refund the customer the price of the Good's that have been deemed defected or returned. EW's liability shall stop here in respect of the customer or any others.
9.7 Except in respect of death or personal injury caused by EW's negligence, EW 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 EW, 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 EW under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
9.8 EW shall not be liable to the customer, or deemed to have breached any contract as result of anything that might be classed as Force Majeure by U.K law.
10.1 EW may perform any of it's obligations or exercise any rights hereunder by itself or where applicable through any other persons or agents, (legal or otherwise).
10.2 Any waiver's or decisions taken at the discretion of EW shall not be considered applicable to future orders and resolutions unless expressly stated by EW in writing.
10.3 This contract and the conditions herein shall be considered the agreement between the Customer and EW to supply the Goods and will supersede all previous written or verbal/oral communications in respect of this contract. As in clause 2.4, customers may not rely on representations, opinions, or recommendations of EW employees.
10.4 EW 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 EW.
10.5 This contract shall be governed by laws of England with the Customer agreeing to submit to the non-exclusive jurisdiction of the English courts.
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