ONLINE TERMS AND CONDITIONS BETWEEN CLOUD TYRES AND CONSUMER
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by CLOUDTYRES UNIT 4 WHITEHALL TRADING ESTATE, GERRISH AVENUE BRISTOL, BS5 9DF. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org
Acceptance of Terms
The following are terms of a legal agreement between you and CloudTyres Direct and its affiliated third parties including those acting on our behalf as we provide this website and its products and services to you. Cloud Tyres Affiliated third parties may include companies who perform services for Cloud Tyres. By accessing, browsing and/or using this Website you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree with these terms, please do not use this Website. In using this Website, you represent and warrant that you are at least 18 years of age and have any and all permissions necessary to enter into and be bound by this agreement.
Trademarks and Copyright
Unless otherwise indicated, all marks displayed on the Website are subject to the ownership rights of Cloud Tyres. The entire contents of this Website, including but not limited to: all text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Cloud Tyres. (or its content suppliers) and are protected by applicable domestic and international copyright and trademark laws. You may not copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website content without the prior express written consent of Cloud Tyres. You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties’ rights, please contact us immediately at email@example.com to notify us. Your submissions of files including, but not limited to: CV’s, e-mail, postings, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Cloud Tyres. a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Cloud Tyres. You also grant Cloud Tyres the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
The contract between us We must receive payment of the whole of the payment for the tyres that you order before your order can be accepted. Your payment of the price for the tyres represents an offer on your part to purchase the tyres, which will be accepted to us when we send to you an email that the tyres have been dispatched to you. Our acceptance of your order brings into existence a legally binding contract between Cloud Tyres and you.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Cloud Tyres. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. You agree that you hold sole responsibility for adequate protection and backup of data and/or equipment used in conjunction with the website and will not make a claim of any nature against Cloud Tyres for lost data, inaccurate output, work delays or lost profits resulting from the use of this website. You agree to hold Cloud Tyres entirely harmless from, and you covenant not to sue Cloud Tyres, or its affiliates, successors or assigns for any claims related to this website.
All orders are subject to acceptance and availability. If the tyres you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. Wherever it is not possible to accept your order to buy tyres of the specification and description at the price indicated, we will advise you by email, offer to sell you the tyres of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
Delivery charges vary according to the delivery method chosen by you & the delivery location.
Our delivery charges are set out [specify where] in our website.
You will be required to pay for delivery charges
Please note that the delivery charges stated on this website apply to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles. Delivery to these areas will incur extra charges, please contact us for details.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time. You will become the owner of the tyres you have ordered when they have been delivered to you. Once tyres have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Risk and ownership
Risk of damage to, or loss of the tyres passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the tyres ordered.
Cloud Tyres want our customers to have complete peace of mind when purchasing tyres from us, that’s why we give you a 14 day cash back guarantee. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us within 24 hours of receiving your tyres by sending an email to firstname.lastname@example.org informing us that you wish to return the product if you wish to cancel your contract. You will be required to supply us with certain information regarding the product, including but without limitation, a description of the tyres you wish to return, your order number & the retail price (Excluding shipping costs) of the tyres. If you have received the tyres before you cancel your contract then you must send the tyres back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the tyres for delivery you must not unpack the tyres when they are received by you and you must send the tyres back to us at our contact address at your own cost and risk as soon as possible. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account within 30 days of the product being received back to us in a satisfactory condition. All of our tyres are checked and the tread depths measured prior to dispatch. Cloud Tyres reserves the right to reduce any amount of any refund if the tyre condition has deteriorated since they were dispatched by us. Refunds will not be issued for tyres that have been damaged by improper tyre fitting by third parties, or by any other form of mishandling or neglect. Return shipping costs are none refundable. Please note that you are responsible for statutory duty of care for any tyres purchased from us that are in your possession.
Cancellation by us
We reserve the right to cancel the contract between us if:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area; or
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
If you do not receive tyres which you ordered within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
- To make good any shortage or non-delivery;
- To replace or repair any tyres that are damaged or defective; or
- To refund to you the amount paid by you for the tyres in question in whatever way we choose.
Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to email@example.com and all notices from us to you will be displayed on our website from time to time.
Changes to legal notices
Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.