1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods and/or services. We reserve the rights to change the contents of these terms at any time without notice, by posting these revised terms to our website..
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are WeDo Tyres Ltd, a company registered in England and Wales. Our company registration number is14076116 and our registered office is Unit 1C Martinbrook Farm Industrial Estate, Claines, Worcester, WR9 7GE.. Our registered VAT number is 14076116.
2.2 How to contact us. You can contact us by telephoning us on 01905 412844, or by emailing [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address..
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order. Our acceptance of your order will take place when we email you to accept it prior to the dispatch of the goods, this is your order confirmation email, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by telephone or in writing by email. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Please note that this list is not exhaustive. If we cannot accept your order we may offer you an alternative product.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order, this will be contained within your order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to England. Our website is solely for the promotion of our products and fitment of products in England.
3.5 Your responsibility. You shall be responsible to us for ensuring the accuracy of the terms of your order submitted by you, and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the contract in accordance with its terms.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display these accurately, we cannot guarantee that a device’s display of the images accurately reflects the products. Your product may vary slightly from those images.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements (for example, if the law requires changes to the existing tyre labelling system);
6.2 More significant changes to the products and these terms. In addition, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
(a) The products ordered are no longer available; and
(b) The products ordered are withdrawn by the manufacturer or the company for safety reasons.
7. Providing the products
7.1 Delivery and fitting costs. If you are having your products fitted at one of our mobile vans at an appointment time selected from our website, then all costs are included in the price quoted. If the time of service is on an emergency or short notice service, then an additional charge will be made.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. You will be able to select a fitting address within our service territory, and time slot. Any dates or times quoted for fitting of the products are estimates and not guaranteed, whilst we use our best efforts to meet appointments with our mobile tyre fitting service there may be occasions when we will not be able to fit your products or provide the services in accordance with the appointment booked through our website. In such circumstances we will inform you of any delay or cancellation as soon as reasonably practicable. We shall have no liability for any losses or damages caused by any such delay or cancellation.
(a) If the products are goods. If the products are goods delivery shall be made by us when the goods are fitted to your vehicle by the mobile fitting service specified in the order confirmation email or such other address as requested by you when using our mobile tyre fitting service. You will be required to provide your order number and sign an advice note in order for us to make delivery of the goods to you and fit the goods to your vehicle. You may be required to provide proof of identity and/or proof of address for example a valid UK Driving License, Passport or Utility Bill.
(b) If the products are one-off services. We will begin the services on the date set out in the order confirmation email. The estimated completion date for the services is as specified to you during the order process.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Failed Delivery. If you fail to take delivery of the products by failing to attend the relevant fitting centre on the specified date/time or you do not allow us access to your property as arranged (and you do not have a good reason for this) we will contact you for further instructions and may charge you for storage costs, any further delivery costs and any additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.5 Collection by you. In limited circumstances, we allow the collection of products from our premises without fitment to your vehicle. You will be required to provide proof of identity and/or proof of address for example a valid UK Driving License, Passport or Utility Bill.
7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time when you collect your vehicle from us and the goods are fitted to your vehicle by the fitting centre specified in the order confirmation email or such other address as requested by you and approved in advance by us.
7.7 When you own goods. You own a product which is goods once we have received all sums due to us under the contract (including any applicable interest and charges) in full.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3 – clause 8.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods. Please note that due to the nature of our business it is highly unlikely that we will be able to attribute any value to your tyres if they are returned after they have been fitted to your vehicle and used. After tyres have been fitted to your vehicle and used they become second hand tyres. At WeDo Tyres Limited we do not sell second hand tyres.. Therefore, in the majority of cases we will deduct the full contract price from your refund which would result in you receiving no refund;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running; and
(b) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, a MOT or safety inspection)? If so, you have 14 days after the day we email you to confirm we accept your order (known as your order confirmation email). However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods (for example, tyres)?, if so you have 14 days after the day you (or someone you nominate) receives the goods but please note clause 8.1 (c) regarding refunds.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01905 412844 or email us at [email protected] Please provide your name, home address, details of the order (including order number) and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been fitted to your vehicle, you must return them to us. You must either return the goods in person to the fitting centre at which they were fitted or return them to your nearest fitting centre if they were fitted at such other address as requested by you and approved in advance by us.
9.3 How we will refund you. We will refund you the price you paid for the products (subject to the detailed provisions in clause 9.4), by the method you used for payment. When a refund is made to a credit or debit card it may not show up in your account straight away as the clearing banks take time to process the refund. Typically this can take up to 7 working days, but varies depending on your own bank. If you would like further clarification on the timescales involved, please contact your card issuer. Please note that we may make deductions from the price, as described below.
9.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your use of the goods. For example:
(i) If you cancel your contract for the purchase of tyres before the tyres are fitted to your vehicle then we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us).
(ii) If you cancel your contract after the tyres are fitted to your vehicle but before you drive away from the fitting centre then we will reimburse to you all payments received from you less a charge of approximately £15 per tyre. This charge represents the estimated reduction in value of each tyre.
(iii) If you cancel your contract after the tyres are fitted to your vehicle and also after they have been used (i.e. you have driven on them) then it is highly unlikely that we will be able to attribute any value to your tyres and in the majority of cases we will deduct the full contract price from your refund which would result in you receiving no refund.
(b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not present your vehicle at our fitting centre at the agreed time and date or you do not allow us access to your property as arranged (and you do not have a good reason for this) and despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01905 412844 or write to us at [email protected]
11.2 Legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. For detailed information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk
11.3 Manufacturing Tyre Defect. If you suspect that your tyre has a manufacturing defect then please note that we follow the British Tyre Manufacturers Association (“BTMA”) procedure. We do not have the expertise or the equipment to determine whether products have a manufacturing defect so if no clear defect can be found then the products must be sent back to the relevant manufacturer so that this can be determined. The product will need to be returned to the fitting centre at which it was delivered or to your nearest fitting centre if the goods were fitted using our mobile tyre fitting service and the allegedly defective products will need to be removed from your vehicle to be sent away to the manufacturer for assessment. If replacement products are required at that point we will have no obligation to provide or pay for a replacement and any replacement purchase from us will be at full value. If it is subsequently determined that the product does have a manufacturing defect then we will be fully liable to you to rectify this issue and will offer an allowance which is based on the residual life of the defective product. For more information on the BTMA procedure please contact [email protected] or the BTMA.
11.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to the fitting centre at which they were delivered or to your nearest fitting centre if the goods were fitted using our mobile tyre fitting service.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where there is a pricing error then we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, Maestro, Visa Electron, American Express and PayPal. When you must pay depends on what product you are buying. For goods and service, you must pay for the products in full before we dispatch them.. Please note that you may be asked to provide proof of identity (for example a valid UK Driving License or Passport) in the interests of fraud prevention.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We will require documentary evidence from you to support any claim that you have against us for foreseeable loss or damage. Your losses must be mitigated so far as reasonably practicable.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later.If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The National Conciliation Service via their website at https://www.nationalconciliationservice.co.uk/. The National Conciliation Service will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To WeDo Tyres, Unit 1C Martinbrook Farm Trading Estate, Claines, Worcester, WR3 7RY.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),