Terms and Conditions
WELCOME
TO THE www.fasttyres.co.uk WEBSITE TERMS AND CONDITIONS
FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE
AT www.fasttyres.co.uk. BY ACCESSING THIS WEBSITE AND/OR
PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS
OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF
YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.fasttyres.co.uk
website is operated by: Fast Tyres UK LTD, a company
registered in England and Wales, whose registered office is at Mill
Lane Cottage, Mill Lane Thurlstone Penistone, Sheffield, South Yorkshire,
United Kingdom, S36 9QX. Our company registration number is 05638914.
VAT No: 902 7459 26.
We are a member of the following trade associations/professional bodies:
no
Our contact details are as follows:
Trading address: Mill Lane Cottage, Mill Lane, Thurlstone, Penistone,
Sheffield, South Yorkshire, United Kingdom, S36 9QX.
General email: sales@fasttyres.co.uk
Telephone: 00447776 374 778 |
1.
INTRODUCTION
1.1 You will be
able to access most areas of this Website without registering your
details with us. Certain areas of this Website are only open to you
if you register.
1.2 We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time to review
the then current terms and conditions, because they are binding on
you. Certain provisions of these terms and conditions may be superseded
by expressly designated legal notices or terms located on particular
pages of this Website. If you do not wish to accept any new terms
and conditions after we have given notice, you should not continue
to use this Website.
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2.
ORDERING FROM US
2.1 You are deemed
to place an order with us by ordering via our online checkout process.
As part of our checkout process you will be given the opportunity
to check your order and to correct any errors. We will send you an
order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order.
We will send you a despatch confirmation by email. When we despatch
the order the purchase contract will be made even if your payment
has been processed immediately, unless we have notified you that we
do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms
and conditions.
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3.
PRICING
3.1 Our prices
do not include VAT as we are not registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance
and other relevant charges, the appropriate rates are set out in our
specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will
be on 01/10/2007.
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4.
CANCELLATION AND RETURNS POLICY
4.1 If you wish
to cancel your order:
(a) you can notify us by email to enquiries@fasttyres.co.uk before
we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning
goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at
any time within 14 days of receipt for a full refund or exchange,
providing they have not been fitted or damaged. The costs of returning
goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the
amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause
4.3 will not apply in the following circumstances: -
in the event that the product has been used
4.5 IF we have not supplied as ordered, we will arrange for collection
and make a full refund of the purchase price and shipping charges
as soon as the items/s are received by us as long as they have not
been fitted or damaged.
The provisions of this clause 4.4 do not affect your statutory rights.
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5.
LICENCE
5.1 You are permitted
to print and download extracts from this Website for your own use
on the following basis:
(a) no documents or related graphics on this Website are modified
in any way;
(b) no graphics on this Website are used separately from accompanying
text; and
(c) any of our copyright and trade mark notices and this permission
notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us or our
licensors. For the purposes of these terms and conditions, any use
of extracts from this Website other than in accordance with clause
5.1 above for any purpose is prohibited. If you breach any of the
terms in these terms and conditions, your permission to use this Website
automatically terminates and you must immediately destroy any downloaded
or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
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6.
SERVICE ACCESS
6.1 While we endeavour
to ensure that this Website is normally available 24 hours a day,
we will not be liable if for any reason this Website is unavailable
at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
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7.
VISITOR MATERIAL AND CONDUCT
7.1 Other than
personally identifiable information, which is covered under the Privacy
Policy [INSERT HYPERLINK], any material you transmit or post to this
Website will be considered non-confidential and non-proprietary. We
will have no obligations with respect to such material. We and our
nominees will be free to copy, disclose, distribute, incorporate and
otherwise use such material and all data, images, sounds, text and
other things embodied therein for any and all commercial or non-commercial
purposes.
7.2 You are prohibited from posting or transmitting to or from this
Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause annoyance
or inconvenience;
(b) for which you have not obtained all necessary licences and/or
approvals;
(c) which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise be
contrary to the law of or infringe the rights of any third party,
in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation,
by hacking).
7.4 We will fully co-operate with any law enforcement authorities
or court order requesting or directing us to disclose the identity
or locate anyone posting any material in breach of clauses 7.2 or
7.3.
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8.
LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third
party websites on this Website are provided solely for your convenience.
If you use these links, you leave this Website. We have not reviewed
all of these third party websites and do not control and are not responsible
for these websites or their content or availability. We therefore
do not endorse or make any representations about them, or any material
found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to
this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so
on the basis that you link to, but do not replicate, the home page
of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance
of the www.fasttyres.co.uk logo;
(b) you do not create a frame or any other browser or border environment
around this Website;
(c) you do not in any way imply that we are endorsing any products
or services other than our own;
(d) you do not misrepresent your relationship with us nor present
any other false information about us;
(e) you do not otherwise use any www.fasttyres.co.uk trade marks displayed
on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive
or controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all applicable
laws and regulations.
We expressly reserve the right to revoke the right granted in this
clause 8.2 for breach of these terms and to take any action we deem
appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any
of our group companies may suffer or incur as a result of your breach
of clause 8.2.
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9.
REGISTRATION
9.1 To register
with www.fasttyres.co.uk you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit
you to share your user name and password with any other person nor
with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests
with you and if you know or suspect that someone else knows your password,
you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our
reasonable discretion or if you breach any of your obligations under
these terms and conditions.
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10.
DISCLAIMER
10.1 While we
endeavour to ensure that the information on this Website is correct,
we do not warrant the accuracy and completeness of the material on
this Website. We may make changes to the material on this Website,
or to the products and prices described in it, at any time without
notice. The material on this Website may be out of date, and we make
no commitment to update such material.
10.2 The material on this Website is provided "as is" without
any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, we provide you with this Website
on the basis that we exclude all representations, warranties, conditions
and other terms (including, without limitation, the conditions implied
by law of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for these terms and conditions
might have effect in relation to this Website.
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11.
LIABILITY
11.1 We, any other
party (whether or not involved in creating, producing, maintaining
or delivering this Website), and any of our group companies and the
officers, directors, employees, shareholders or agents of any of them,
exclude all liability and responsibility for any amount or kind of
loss or damage that may result to you or a third party (including
without limitation, any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including without
limitation negligence), contract or otherwise) in connection with
this Website in any way or in connection with the use, inability to
use or the results of use of this Website, any websites linked to
this Website or the material on such websites, including but not limited
to loss or damage due to viruses that may infect your computer equipment,
software, data or other property on account of your access to, use
of, or browsing this Website or your downloading of any material from
this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit
our liability for (i) death or personal injury caused by negligence
(as such term is defined by the Unfair Contract Terms Act 1977); (ii)
fraud; (iii) misrepresentation as to a fundamental matter; or (iv)
any liability which cannot be excluded or limited under applicable
law.
11.3 If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and against
all claims, liability, damages, losses, costs (including reasonable
legal fees) arising out of any breach of the terms and conditions
by you, or your use of this Website, or the use by any other person
using your registration details.
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12.
GOVERNING LAW AND JURISDICTION
12.1 These terms
and conditions shall be governed by and construed in accordance with
English law. Disputes arising in connection with these terms and conditions
shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website
are appropriate or available for use outside the United Kingdom. It
is prohibited to access the Website from territories where its contents
are illegal or unlawful. If you access this Website from locations
outside the United Kingdom, you do so at your own risk and you are
responsible for compliance with local laws.
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13.
MISCELLANEOUS
13.1 You may not
assign, sub-license or otherwise transfer any of your rights under
these terms and conditions
13.2 If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.
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