Terms and Conditions for Online Supply of Tyres
Asda Tyres is operated by Colewood Automotive ("we", "our") under contract with Asda.
Colewood Automotive is registered in England and Wales with company No 08673701, VAT 174872473, Asda Tyres Colewood House, Ellerbeck Court, Stokesley Business Park, Stokesley, North Yorkshire, TS9 5PT.
These terms cover the use of http://www.asdatyres.co.uk and any purchases made on www.asdatyres.co.uk
- "Conditions" means these terms and conditions
- "Online Sales" means sales of Goods and Services conducted through the Website
- "Goods" means goods displayed for sale on the Website
- "Services" means services displayed for sale on the Website
- "Users" means the users of the Website collectively
- "User Information" means the details provided by you on any application to buy Goods or Services from us via the Website
- "We/us/our" means Asda Tyres
- "Website" means the website located at www.asdatyres.co.uk or any subsequent URL which may replace it
- "You/your" means a user of the Website
By using the Website you agree to be bound by these Terms. We endeavour to offer you the best possible service but cannot guarantee that the Services will be fault free. If a fault occurs, please report it to our Customer Services team by email to firstname.lastname@example.org.
Occasionally we need to carry out essential repairs, maintenance and/or updating of our IT systems which may restrict your use of the Services. In these circumstances, we will endeavour to restore the Services to you as soon as possible.
We reserve the right to:
- Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
- Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
- the personal information which you are required to provide when you register is true, accurate, current and complete in all respects;
- the products purchased on this site are for private and domestic use and are not for re-sale
- you are not impersonating any other person or entity
- you will notify us immediately of any changes to the personal information by e-mailing customer service at: e-mail address: email@example.com
4. Site Disclaimer
Asda Tyres is operated by Colewood Automotive (company number 08673701, VAT number 174872473) of Colewood House, Ellerbeck Court, Stokesley Business Park, Stokesley, Middlesbrough, Cleveland, TS9 5PT (). Asda Stores Limited is registered in England and Wales with company No 464777, VAT registration GB 362 0127 92. Although Asda Stores Limited ("Asda") has authorised its trade mark to be used in conjunction with the Asda Tyres web site, Asda Tyres operating company is solely responsible for all sales made through b and Asda Tyres therefore has no rights or obligations under the terms of any contract of sale created through Asda Tyres.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
- any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
- any material which is defamatory, offensive or of an obscene character.
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, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms 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.
7. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites or for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
8. OrdersCancellation Form
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
- if an individual, be 18 years of age or over; and
- stipulate a delivery address within Europe; and
- register your real name, address, phone number, e-mail address any other details requested and;
(a) By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
(b) All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the goods to you, whichever is the earlier. You agree that we will not be responsible for failing to deliver Goods to you if you have supplied us with an incorrect address.
(c) We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
(d) Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
(e) Your order will be installed at the local fitting centre selected by you and will be installed at the date and time set out on your order confirmation.
(f) This website operates based on information provided to us by you (the user). The service and any recommendations stemming from this service depends on, and varies according to, the accuracy of such inputted information. We can therefore accept no responsibility for, nor any liability in respect of, the input of inaccurate information to this website by you and/or any third parties.
Although we take every care to recommend the correct tyres to you these can only ever be deemed to be suggestions based on the information available to us at the time. It is, ultimately, your responsibility to check and verify that the recommendations are correct for your vehicle. If in doubt please call our customer contact centre who will be best able to advise you.
- We rely on the details supplied by you and the tyres specification provided by to supply you with correct product.
- www.asdatyres.co.uk is intended for use within the United Kingdom only. We make no representation that any product or service referred to on www.asdatyres.co.uk is appropriate for use, or available, outside of the United Kingdom or that any product complies with any laws other than the laws of England.
Asda Tyres do not take payment online and we rely upon our expert wholesale partners to check every order for fitment suitability and then the individual tyre fitting centre's to also check suitability of product ordered. If in the event of a complaint then both workmanship and product are guaranteed for full replacement on a like for like basis by our fitting centre partners.
10.1 In the case of Fully Fitted Services, before installation of the tyres, the Customer shall be entitled to cancel the Contract, return the Goods and receive a full refund (or where the goods have not been paid for, full credit). The Customer may cancel an order either by phoning customer services on 0800 9520 395 or by filling in the cancellation form on Cancellation Form and sending this back to Asda Tyres. No additional restocking charge or administrational charge will be added in accordance with Distance Selling Regulations.
Please note that your right to cancel and return an item does not apply to certain items unless these items are damaged, faulty or mis-described. Such items include:
- Tyres fitted to vehicles
- Wheel alignment once tyres are fitted to vehicle
Your rights under UK or your national consumer legislation for these items are not affected.
11. Prices and Payment
(a) Asda Tyres do not take payment for the Goods ordered online. Payment will be taken at the time of delivery by the local fitting centre responsible for delivery of your Goods.
(b) All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
(c) Payment can be made by cash or all major credit or debit cards, however, most fitting outlets do not accept American Express. Payment will be made to your selected tyres fitting outlet at time of fitting to them directly and not Asda Tyres or website operating Partners.
(d) You may be asked to confirm that the credit or debit card that is being used is yours.
(e) All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to the fitting company we will not be liable to you for any delay or non-delivery.
12. Intellectual Property
(a) The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website belong to us and our agents and shall remain with us or our licensors.
(b) 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.
13. Limitation on Liability
(a) Notwithstanding any other provision in the Terms, nothing in these Terms:
- will affect or limit your rights as a consumer under English law; or
- will exclude or limit our liability for death or personal injury resulting from our negligence.
(b) The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
(c)Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Website
- unsuitability, unreliability or inaccuracy of the Website
- inadequacy of the Website to meet your requirements
(d) To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
(e) We will not be liable to you for any delay or failure to fulfil On-Line Sales which you make using the Service, where such delay or failure is due to circumstances beyond our control or the control of our sub-contractors and agents, including but not restricted to electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
(f) The use of the Website does not constitute a licence for you to use trademarks, designs and/or logos of us and our agents, including but not limited to Asda Tyres and www.asdatyres.co.uk.
14. Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with the laws of England and the courts of England and Wales shall have exclusive jurisdiction to hear and determine any dispute that may arise in connection therewith.
(a) None of these terms and conditions shall be deemed waived and no breach or default excused by us unless that waiver or excuse is authorised in writing.
(b) If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
- What is a cookie?
A cookie is a small text file that may be placed on your device when you visit our sites. When you next visit our sites the cookie allows us to distinguish you from other users.
There are two broad categories of cookies:
- a. Persistent cookies
Persistent cookies remain on your device until deleted manually or automatically.
- b. Session cookies
Session cookies remain on your device until you close your browser when they are automatically deleted.
Cookies we use and why we use them
- c. Essential cookies
Essential cookies are technical cookies that are required for the operation of our sites. Without essential cookies our sites can't operate properly. Essential cookies include, for example, cookies that enable you to find your car.
- d. Performance cookies
Performance cookies allow us to recognise and count the number of visitors to our sites and to see how visitors move around them. This helps us to improve the way our sites work by enabling us to tailor our sites to the way visitors use them. The information we collect from performance cookies is aggregated which means that we cannot identify you from it.
- e. Experience cookies
Experience cookies allow our sites to remember the choices you make. Our sites use experience cookies to provide you with enhanced and personalised features. For example, we use information collected through what are known as 'web-analytic' cookies to compare the choices you make to those of our other customers so that we can learn from those choices. Information collected by experience cookies cannot track your browsing activity when you leave our sites to browse other sites.
- f. Marketing cookies
Marketing cookies record your visits to our sites, the pages you have visited and the links you have followed. We use this information to make our sites and the advertising displayed on them more relevant to your interests. For example sometimes we use marketing cookies to limit the number of times that you see an advert. Sometimes we share information about your browsing activity, (which we have collected from cookies) with our advertising partners. They may use this information to advertise products, which may interest you, on other sites.