TERMS AND CONDITIONS FOR THE SALE OF GOODS VIA OUR WEBSITE
The websites www.mccconechys.co.uk and www.gordonstyres.co.uk (each the "Website"), are operated by or on behalf of McConechy’s Tyre Service Ltd, (trading as McConechy’s and Gordons Tyres) registered in Scotland under company number SC62229 and having its registered address at Harper Macleod LLP, The Ca’D’Oro, 45 Gordon Street, Glasgow, Scotland, G1 3PE.
In these Terms, when we refer to we, us etc, we are referring to McConechy’s Tyre Service Ltd. When we refer to you, we are referring to you, the customer.
You can contact McConechy's Tyre Service Ltd by writing to us at the above address, by emailing firstname.lastname@example.org or by calling us on 0800 027 4444.
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. If you wish to purchase any goods or services on behalf of a business, please contact us using the details provided above.
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 despatched, 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, with delivery taking place at the fitting centre named 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 If you do not attend the relevant fitting centre on the delivery date to collect the Goods, then we may:
5.2.1 store the Goods until they are collected and charge you for the reasonable costs (including insurance) of storage; or
5.2.2 return the Goods to the supplier 21 days after the estimated delivery date and charge you for any costs incurred as a result of such return.
5.3 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 VAT and any other applicable taxes (which are charged at the current rate). Unless indicated otherwise on the Website, prices include fitting and balancing of tyres at one of our fitting centres and safe disposal of old tyres and batteries.
7.2 You must pay for the Goods at the time of submitting your Order, although we will not actually take payment until we issue the Confirmation. Payments must be made by credit or debit card (please see the relevant part of the Website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) confirm that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card for all amounts payable by you to us (including VAT and any other applicable taxes) in connection with 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 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 calling into one of our fitting centres or 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. If you call into a fitting centre to notify us of your cancellation, then your cancellation is effective from the date you visit 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) you must return the Goods as soon as reasonably practicable. If the Goods require collection, we will collect the Goods from you and will contact you to arrange a suitable time for collection;
(b) 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
(c) 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 If we fit the Goods at one of our fitting centres, we warrant that the Goods will be fitted properly and in accordance with the applicable specification (if any) for such Goods. This warranty lasts for the period of 3 months from the date of fitting. If at any time during this 3 month period you consider that the Goods were not fitted properly or were not fitted in accordance with any such specification, you must notify us (by emailing email@example.com or calling one of our fitting centres) within 48 hours of first becoming aware of the issue. We will arrange for you to bring the vehicle to one of our fitting centres, where we will:-
10.1.1 investigate the issue; and
10.1.2 re-fit any Goods which we determine were not fitted properly and in accordance with any applicable specification.
10.2 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 firstname.lastname@example.org or calling one of our fitting centres) 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 to bring the vehicle to one of our fitting centres, where we will remove the Goods and return them to the manufacturer for testing. We can provide and fit 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 Scots law. 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 Scotland. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident in England or Wales you may also bring proceedings there.
14. BRIDGESTONE TYRES OFFER
Promotion standard rules:
1. This Promotion (the “Promotion”) is organised and hosted by McConechy’s Tyre Service Ltd. (“McConechy’s”).
2. These Promotion standard rules shall apply in conjunction with the Promotion specific rules. By entering the Promotion, an entrant agrees to be legally bound by both the Promotion standard rules and the Promotion specific rules, and by any other requirements set out in the Promotion material.
3. The Promotion runs from 2nd January to 9th April inclusive (the “Promotional Period”).
4. The Promotion is open to all customers who are UK residents aged 18 and over, except anyone employed by McConechy’s (or their immediate families), its agencies or anyone else connected with the creation and administration of the Promotion, or trade customers. This Promotion is open to retail (fitted tyre) customers only and excludes any fleet and company vehicles.
5. Any personal data relating to entrants will be used by McConechy’s wholly in accordance with current UK data protection legislation. In particular, personal data will be used solely to administer this competition and for no other purpose(s) without separate consent.
Promotion specific rules:
6. In order to be eligible for the Promotion, entrants must purchase in centre and arrange for the fitting of at least two Bridgestone tyres in a single transaction at participating McConechy’s
7. Applicable tyres are any Bridgestone tyres listed and sold by participating McConechy’s during the Promotional Period in the UK.
8. The Promotion is open for purchases made from the start of the Promotional Period (2nd January 2020) to the end of the promotional period (9th April 2020).
9. Fitting must be booked to take place at McConechy’s before Thursday 23rd April 2020 to be eligible for the Promotion.
10. The level of discount will vary depending upon the quantity of Bridgestone tyres purchased:
Qty of Bridgestone or Level of discount applied for online Bookings
2 Tyres £10
3 Tyres £15
4 Tyres £20
11. No cash alternative will be offered.
12. You may be asked to take part in promotional activities and to provide digital photographs of you for use on a promotional website or McConechy’s marketing material. This is not conditional to your entry, and your consent will be sought separately.
13. McConechy’s reserves the right to suspend, cancel or amend the Promotion and/or review and revise these terms and conditions at any time without giving prior notice. By continuing to take part in the Promotion subsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.
14. If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
15. Neither McConechy’s, nor agencies involved in this Promotion, will be liable for any loss or damage whatsoever caused by matters relating to the Promotion. McConechy’s cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Promotion or as a result of accepting any discount. Nothing shall exclude the McConechy’s liability for death or personal injury as a result of its negligence.
16. For any queries relating to this Promotion please visit https://www.mcconechys.co.uk/contact-us.