TERMS AND CONDITIONS FOR THE SALE OF GOODS VIA OUR WEBSITE
The website www.avatyre.co.uk (the "Website"), is operated by or on behalf of Avatyre Group Ltd registered in the British Virgin Islands under the company number 1835297 and having its registered address at:
Avatyre Group Ltd
Po Box 146,
British Virgin Island.
In these Terms, when we refer to we, us etc, we are referring to Avatyre Group Ltd. When we refer to you, we are referring to you, the customer.
In these Terms, when the following words with capital letters are used, this is what they will mean:
"Contract" means the contract for the purchase and sale of the Goods through the Website which is formed in accordance with section 3 below.
"Goods" means the products which we make available for sale through the Website (such goods may include car tyres and batteries etc);
"Event Outside Our Control" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, 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 failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
"Order" means an order for Goods which you submit to us through the Website using our online ordering system and "Terms" means these terms and conditions of sale.
2. PLACING AN ONLINE ORDER
2.1 In order to place an Order through the Website, you must be (i) a consumer; and (ii) over the age of 18 years.
2.2 When you order any Goods through the Website, these Terms will apply to that Order. As part of the order process you will be asked if you accept these Terms, so please read the Terms carefully before clicking on "I Accept". If you do not accept the Terms, then you will not be able to order any Goods through our Website.
2.3 If we accept your Order, these Terms will form the basis of the Contract between us. Please see section 3 below for more information on how the Contract between us is formed. You should print a copy of these Terms or save them to your computer for future reference.
2.4 It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all information relevant to your Order. Our order process allows you to check and amend any errors before submitting your Order through the Website. You should note that we shall not be responsible for any input errors in your Order.
3. HOW A CONTRACT IS FORMED BETWEEN US
3.1 When you place an Order through the Website, you are offering to buy those Goods from us. We will send you a confirmation e-mail shortly after you place your Order. However, this email is simply confirming receipt of your Order and does not mean that your Order has been accepted. You should note that:-
- we are not obliged to accept your Order; and
- no contract exists between us for those Goods at this stage.
3.2 If we accept your Order, we will send you an acceptance email which confirms the details of the Goods and the total value, and also confirms either that the Goods have been dispatched, or confirms the date and location at which the Goods will be available for collection ("Confirmation"). The Contract between us is formed when we send you the Confirmation.
3.3 If we are unable to supply you with Goods, for example, because the Goods are not in stock, are no longer available, or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Goods and do not wish to order alternative Goods from us, we will refund the full amount of your payment to you as soon as possible.
4. OUR GOODS
4.1 Whilst we display images of the Goods on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the Goods, but the actual Goods may vary slightly from those images (for example, there may be a variation in the colours shown).
4.2 For the purpose of the Contract, the quantity, quality, description and any specification of the Goods will be set out in the Confirmation.
4.3 We reserve the right to alter the Goods or any relative specifications (whether such specifications have been submitted by you in the Order or otherwise) and designs, at any time, if we are required to do so by law. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.
4.4 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these rights. In addition to your legal rights, some of the Goods we sell come with a manufacturer's warranty. Please contact us if you want more information about any manufacturer's warranty which applies to the Goods in your Order.
5. DELIVERY / COLLECTION
5.1 We will do what we reasonably can to meet the estimated delivery date set out in the Confirmation. However please note that this date is only an estimate and may be affected by an Event Outside Our Control. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
5.2 The Goods will be your responsibility from collection and you will only own the Goods when we have been paid for them in full, including all applicable delivery charges.
6. SPECIFIC ONLINE OFFERS
We may offer specific discounts on certain products from time to time. Such discounts will be subject to the specific terms and conditions stated on the Website in respect of these offers, in addition to these Terms.
7. PRICE AND PAYMENT
7.1 We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, we will notify you by email and give you the opportunity to re-confirm your Order at the correct price. The prices on the Website are inclusive of applicable taxes (which are charged at the current rate).
7.2 You must pay for the Goods at the time of submitting your Order.
7.3 You may be subject to validation checks and/or third party authorizations depending on your method of payment.
8. YOUR RIGHT TO CANCEL
8.1 If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in section
8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. This cancellation right does not apply in the case of any made-to-measure or custom-made products. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 a. You may cancel a Contract at any time from the date of the Confirmation until the earlier of: (1) the date which falls 7 (seven) working days after the day you collected the Goods (working days means that Saturdays, Sundays or public holidays are not included in this period); or (2) the date on which the tyres are fitted (if this is prior to the expiry of the aforementioned 7 day period). You should note that you are entitled to inspect the Goods prior to them being fitted, and may cancel the Contract at any time prior to them actually being fitted.
8.3 You may cancel the Contract by writing to the address or email address provided above. If you send us your cancellation notice by e-mail or post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.4 We will process your refund within 5 business days. Refunds are made in the same form of payment originally used for purchase. 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 (seven) working days, but varies depending on your own bank. If you would like further clarification on the timescales involved, please contact your card issuer.
8.5 If you cancel a Contract under section 8.1 of these Terms and if the Goods have already been collected by you:
(a) unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us or, where relevant, the cost of us collecting the Goods from you; and
(b) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
9. CANCELLATION BY US
9.1 We may cancel any Contract (or any part of the Contract) if for any reason the Goods are withdrawn by the manufacturer or by order of any governmental authority, in which event we will notify you by email and refund any payments you have made in respect of the Goods.
10. DEFECTIVE GOODS
10.1 The Goods which are supplied by us will generally be subject to a manufacturer's warranty. If you suspect that the Goods have a manufacturing defect, you must notify us (by emailing email@example.com) as soon as you become aware of the defect. Your remedies in respect of any such alleged defect will depend on the terms of the manufacturer's warranty. These warranties often contain time limits, so it is important that you notify us as soon as possible. If the Goods are still within the manufacturer's warranty period, we will arrange for you the Goods to be returned to us and then return them to the manufacturer for testing. We can provide replacement Goods at that time, although you will have to pay for such replacement Goods at our then current prices. The manufacturer will determine if the Goods are defective and the extent of any refund to which you are entitled. You should note that, in the case of tyres, the manufacturer may take tread wear into account when calculating any such refund. We will notify you in writing of the manufacturer's decision, the amount of any refund which is to be paid to you and when such payment will be made.
10.3 Except as expressly provided in this section 10, this website, the service, and the Goods are provided on an "as is" and "as available" basis. The express warranties stated above are in lieu of all other warranties, express or implied or statutory, including without limitation any implied warranties of merchantability or fitness for a particular purpose and any warranty of non-infringement.
11. OUR LIABILITY
11.1 If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We will not however be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
11.2 Nothing in these Terms shall limit any rights you might have as a consumer or other legal rights that may not be excluded by law. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. YOUR INFORMATION
13. OTHER IMPORTANT LEGAL TERMS
13.1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which are caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects our Contract with you we will contact you as soon as reasonably possible to notify you. Please note our obligations under a Contract will be suspended for the duration of the Event Outside Our Control.
13.2 Each section of these Terms operates separately. If any of these sections is found by any court or relevant authority to be unlawful or unenforceable, the other sections shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
13.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will do so only in writing, but that will not mean that we automatically waive any later default by you.
13.4 We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.
13.5 We may transfer our rights and obligation under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.6 These Terms are governed by the law of the British Virgin Islands. This means that a Contract for the purchase of Goods through the Website and any dispute or claim arising out of or in connection with it will be subject to the laws of the British Virgin Island. You and we both agree that the courts of the British Virgin Islands will have non-exclusive jurisdiction. However, if you are a resident Scotland you may also bring proceedings there.