Terms and Conditions – Introduction
This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will sell the Goods and supply the Services listed on this website (the ‘Website’) to you.
Before confirming your order please:
- Read through these Conditions and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
- Print a copy for future reference
By ordering any of the Goods and Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
In these terms and conditions of the sale the following words will have the following meanings:
- The purchaser shall mean the individual, person, company or other body placing the order.
- The seller shall mean – Door 2 Door Tyres.
- The product should mean Pneumatic tyres, covers, tubes and any other materials sold by Door 2 Door Tyres.
- Valve shall mean a new rubber valve of standard specification and of an appropriate length to match the one that it is replacing. High-pressure rubber valves will be used to replace those of similar specification. Bolt in metal valves will not be replaced but the valve cores will be replaced at the discretion of Door 2 Door Tyres.
- Economy shall mean a new tyre which carries the EU “E” mark which confirms that the Tyre meets the minimum EU or International (UNECE) standard in relation to its dimensions, load and speed rating. Door 2 Door Tyres cannot guarantee to provide a specific brand or tread pattern within this definition but we will provide the same type of tread pattern on the same axel.
For example Door 2 Door Tyres will endeavour to match up directional Tyres in axel pairs. This group of Tyres will usually be sold at a lower price than our mid range.
- Mid-range shall mean a new Tyre which carries the EU “E” , as above. Door 2 Door Tyres cannot guarantee to provide a specific brand or tread pattern within this definition but we will provide the same type of tread pattern, as above. This group of Tyres will usually be sold at a higher price than our economy range and at a lower price than our main brand Tyres such as Michelin, Dunlop or Pirelli.
This Website is owned and operated by Door 2 Door Tyres (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 08477828 having our registered office at 15 Cobsdene, Gravesend, Kent, DA12 5JB.
Our telephone number is 0800 046 79 76.
You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We will contact you by email or provide you with information by posting notices on our Website.
Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
We will not accept orders for goods from individuals located outside the United Kingdom. We may agree to provide our services if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the services offered on the Website and/or these Conditions or to refuse to accept an order for our services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
If we agree to supply any services ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.
Eligibility to purchase from the Website
To be eligible to purchase the Goods and Services on this Website and lawfully enter into and form contracts with us, you must:
- Be 18 years of age or over
- Be legally capable of entering into a binding contract
- Provide full details of an address in the United Kingdom for delivery of goods and, if purchasing services, an address in the United Kingdom or the European Economic Area (if you reside in the EEA)
- If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
The prices of the Goods and Services are quoted on the Website.
Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the United Kingdom unless otherwise specified.
Unless otherwise stated, the prices quoted include delivery costs (in the case of goods) but exclude VAT (we are not VAT registered).
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods and Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery or performance of our obligations to you or the expiry of the Cancellation Period in clause Error: Reference source not found whichever is later.
Payment is taken upon products/services being supplied to the purchaser.
Payment can be made by cash and any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
Payment will be debited and cleared from your account upon the fitting of the Goods or provision of the Service to you.
When you pay for your order by card, we carry out certain checks, which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
By accepting these Conditions you:
Undertake that all the details you provide to us for the purpose of purchasing the Goods and Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods and Services ordered
Undertake that any and all Goods and Services ordered by you are for your own private or domestic use only and not for resale
Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
We shall contact you should any problems occur with the authorisation of your card.
Order process and formation of a contract
All orders are subject to acceptance and availability. If any Goods and Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
Any order placed by you constitutes an offer to purchase the Goods and Services from us.
All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods and Services ordered by you from the Website.
A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods and/or shall be providing the requested Service We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to purchase from us. The Contract will be formed when we send you the Confirmation Notice (whether or not you receive it).
The Contract will relate only to the Goods and Services stated in the Confirmation Notice. We will not be obliged to supply any other Goods and Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
You will be subject to the version of our policies and Conditions in force at the time that you order the Goods and Services from us, unless:
Any change to those policies or these Conditions is required to be made by law or governmental authority
We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven calendar days of receipt of the Confirmation Notice
Performance of Services
The Services will be performed at the address or by the means specified in the Confirmation Notice.
Right to Repossess
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery (in the case of goods).
In the event of non-payment or the appointment of receiver or administrator over the whole or part of the Purchaser’s assets, we reserve the right to remove/repossess these products. Where the products are removed, a charge will be made for the amount of tread used and for the fitting/ removal costs involved. We will not be responsible for re-fitting any tyres which have been repossessed as they may have been disposed of.
Tyres will be repaired to BS AU159, which involves removing the tyre from the wheel in order that a full inspection can be carried out to ascertain if any internal damage has occurred. As the objective is to return the vehicle to a roadworthy condition it will be necessary for the Seller to have a replacement Tyre available in case the punctured tyre is found to be damaged beyond the scope of BS AU159. In order to do this the Purchaser will pay in full for a replacement Tyre. The price paid will be our current list price at the date of the repair. If a repair can be executed the full cost of the tyre will be refunded by us to the Purchaser.
Cancelling your Contract and returns
Cancelling before receiving a Confirmation Notice
You may cancel your order for the Goods and Services at any time prior to receiving a Confirmation Notice from us by notifying us of your decision to cancel.
You may notify us by sending us an email to email@example.com or a letter to 15 Cobsdene, Gravesend, Kent, DA12 5JB quoting your name, address, the name or a description of the Goods and Services and your order reference number.
If you have a comment, concern or complaint about and Goods and Services you have purchased from us, Please contact us via email at firstname.lastname@example.org or by post at 15 Cobsdene, Gravesend, Kent, DA12 5JB.
All queries will be dealt with at the original fitting location. It is the responsibility for the purchaser to return the vehicle to the original fitting location for this purpose.
In the event of a successful claim for a suspected manufacturing defect, the purchaser will pay for a replacement. Which we will the return the suspected defective tyre to the manufacturer. If the manufacturer confirms the product is defective, a refund will be made. The amount of the refund will depend on the nature of the defect and the amount of use derived from the product from the purchaser. The decision from the manufacturer will be final.
Goods and Services sold or licensed by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Door 2 Door Tyres moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
Liability and indemnity
Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
- Death or personal injury resulting from our negligence
- Fraud or fraudulent misrepresentation
- Action pursuant to section 2(3) of the Consumer Protection Act 1987
- Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
- The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
- We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
- We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
- We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or as a result of your downloading, streaming or otherwise accessing any Digital Content supplied on the Website or from any website linked to it.
- We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
- We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any loss related to your business, the extent of which was not foreseeable at the time of the contract); or
- any loss of goodwill or reputation; or
- any special losses or losses not normally reasonably foreseeable at the time of the contract; or
- any loss of data; or
- wasted management or office time; or
- any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your agreement to purchase the Goods and Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the total of the price of and any delivery charges you paid for the Goods and Services.
- You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
- This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
Promotional Discount Codes
All discounts are redeemable, online or by calling our dedicated sales team, by quoting the discount code supplied on the advertising medium. All discount codes must be applied during checkout and cannot be redeemed once an order has been processed either online or by the sales office.
No offer type can be used in conjunction with any other offer type from Door 2 Door Tyres. All offers must be redeemed in a single transaction for the use on a single vehicle and no cash alternative is available for any discount code or offer.
You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
You undertake that any review, feedback or rating that you write shall:
- Comply with applicable law in the UK and the law in any country from which they are posted
- Be factually accurate
- Contain genuinely held opinions (where applicable)
- Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
- Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
- Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
Not be used to impersonate any person, or to misrepresent your identity
- You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
- You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
- We reserve the right to publish, edit or remove any reviews without notifying you.
We reserve the right to terminate an agreement formed with you pursuant to clause 8 and to suspend or terminate your access to the Website immediately and without notice to you if:
- You fail to make any payment to us when due
- You breach these Conditions (repeatedly or otherwise)
- You are impersonating any other person or entity
- When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
- We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
Events outside our control
Except for our obligation under clause 20.4, we shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside of our control (‘Event Outside Our Control’), which, without limitation, includes:
- A strike, lock-out or other industrial action
- Shortages of labour, fuel, power, raw materials where we could not take reasonable action to obtain alternative supplies in time to perform this contract
- Late, defective performance or non-performance by suppliers where we could not by taking reasonable action obtain alternative supplies in time to perform this contract
- Private or public telecommunication, computer network failures or breakdown of equipment
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- Acts, decrees, legislation, regulations or restrictions of any government
- Other events, beyond our reasonable control
- Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to minimise any delay caused by the Event Outside Our Control or to find a solution by which our obligations may be performed despite this event. We shall promptly notify you of any Event Outside Our Control giving details of it and (where possible) the extent and likely duration of any delay.
- Where an Event Outside Our Control prevents us from performing our obligations to you within 25 days from the date we sent you the Confirmation Notice, either you or we may terminate the Contract by giving 5 days written notice to the other.
- If the Contract is terminated due to an Event Outside Our Control, we will refund you any money you have paid to us under the Contract.
In order to monitor and improve customer service, we sometimes record telephone calls.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
- The privacy practices of such websites
- The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
- The use which others make of these websites; or
- Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
Linking to the Website
You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
Any agreed link must be:
- To the Website’s homepage
- Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which it is hosted
- Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
- Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
- We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
All notices given by you to us must be given to us at 15 Cobsdene, Gravesend, Kent, DA12 5JB or by using email@example.com. We may give notice as described in clause 3
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Governing law and jurisdiction
The Website is controlled and operated in the United Kingdom.
Every purchase you make shall be deemed performed in England and Wales.
The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.