TRADING TERMS

1 Introduction

1.1 www.tyrers.com (the Site) is operated by Tyrers Limited (we and us).

1.2 The terms contained in this document (Trading Terms) apply to all transactions for the purchase of products from the Site. Please read these Trading Terms carefully before ordering from the Site. By ordering any products from the Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent.

1.3 Your use of the Site itself is subject to our website Terms of Use. You should also read our Privacy Policy.

1.4 We reserve the right to change these Trading Terms from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.

2 Ordering

2.1 You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Submit Order” button on the checkout page.

2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.

2.3 After submitting an order to us, you will be sent an order acknowledgement email. Please note, this email is an acknowledgement and is not an acceptance of your order.

2.4 If your order includes products which are not available from stock, we will contact you by email to ask you whether you wish to wait until the products are available from stock, or cancel your order.

2.5 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being despatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancellations and returns).

3 Prices and payment

3.1 The prices of products advertised for sale on the Site are as set out on the Site. All prices are in pounds (£) sterling, inclusive of VAT, but exclude delivery and gift wrapping charges. Delivery charges, where applicable, are automatically calculated and added to your order. Gift wrapping and boxing, where available and where selected by you, will be subject to the applicable charge clearly displayed when you click on a product, and will be added to your order. All products selected to be gift wrapped or boxed will be done so individually and charged accordingly. Prices, delivery and gift wrapping and boxing charges displayed are valid and effective only in the United Kingdom.

3.2 Prices may change at any time prior to (but not after) acceptance of your order.

3.3 We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page. The billing address must be the same as the statement address for the credit/debit card used for payment.

3.4 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

3.5 In the unlikely event that the price of an item has been incorrectly advertised on the Site, we will contact you by email to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed despatch of your order, we will not be obliged to supply products at the incorrect price.

4 Delivery

4.1 Subject to availability, we will use all reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us. We will usually deliver all products comprised in your order in one delivery.

4.2 We will deliver directly to the address specified in your order. We cannot deliver items within the same order to multiple addresses.

4.3 The precise timing of a delivery cannot be specified. Certain deliveries may require a signature to confirm receipt. Deliveries will be made to your door. We are not responsible for any additional carrying or positioning of products ordered.

4.4 Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

5 Cancellations and returns

5.1 Except in relation to the products specified in the next paragraph, you may cancel your order (or any part of it) at any stage before the products are delivered to you, and up to 7 days afterwards. You may do so either by notifying us (see How to contact us), giving us your full name, address and order reference which you can find on your order acknowledgement email or by locating the relevant order after logging into the My Account section of the Site or, alternatively, by returning the products, in accordance with the provisions below (see section 5.3). You do not need to give any reason for cancelling your order, but a brief explanation will help us improve the service we offer to customers in the future.

5.2 You may not cancel your order if:

5.2.1 you have taken any audio and/or visual recordings or computer software out of the sealed packaging in which they were delivered to you;

5.2.2 the products consist of perishable items or have associated health and safety or hygiene issues; or

5.2.3 the products have been customised or made to your own specifications unless such products were damaged or faulty when delivered to you or have been incorrectly delivered.

5.3 If you cancel your order, any sum debited by us from your credit/debit card will be refunded in full to the same card. Alternatively, you may ask us to substitute a product, rather than provide you with a refund, but we can only do that if the product you wish to substitute is of equivalent value to the order you are cancelling.

5.4 Where you decide to cancel an order after we have despatched the products, you will be under a duty to return them to us, at your own risk and cost. All such products should be returned within 10 days of you cancelling your order (where you choose to cancel by notifying us) and, in any event, no later than 10 days after the products have been delivered to you. Until such time as they are returned, you must retain possession of the products and take reasonable care of them. You should return the products to us as new, in saleable condition, unused (except to the extent reasonably necessary to examine them) and together with the original product packaging in accordance with the following process:

return the parcel to us, we suggest, either by courier or by recorded delivery mail or other form of certified mail. We advise that you take out enough postal insurance to cover the value of the contents. Alternatively, you may return products to our Bridge Street store. Please bring with you your receipt of order or other proof of purchase.

5.5 Our policy on cancellations and returns does not affect your legal rights.

6 Faulty products

6.1 When you return a product to us because you claim that the product was damaged or faulty upon delivery, we will examine the returned product and will notify you of our intended action within a reasonable period of time. Where we accept that a returned products was damaged or faulty when received by you, we will refund the reasonable cost incurred by you in returning the item to us.

6.2 Our policy on faulty products does not affect your legal rights.

7 Product Information

7.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products in the images that appear on the Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.

7.2 From time to time, our retail stores may run special or local promotions which may not be available online, or we may offer special promotions online that are not available in our retail stores.

8 Security

8.1 We understand that you may have concerns about security on the internet. The Site uses a secure server in our online ordering process to protect your personal information.

8.2 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

8.3 If you have any additional queries about security, please email us at: admin@tyrers.co.uk

9 Our liability

9.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

9.2 You are responsible for the use you make of the products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).

9.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

9.4 Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.

10 General

10.1 Tyrers.com Limited is a company registered in England. Our company number is 6254666 and our registered office address is 14/16 Bridge Street, St. Helens, Merseyside, WA10 1NR. Our VAT registration number is .

10.2 Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.

10.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.

10.4 If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.

10.5 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

11 How to contact us

Please feel free to contact us in any of the following ways:
by email at admin@tyrers.co.uk
by telephone on 01744 26551 during office hours
by writing to us at 14/16 Bridge Street, St. Helens, Merseyside, WA10 1NR

12 Updates

These Terms of Use were last updated in April 2008.