Terms and Conditions
Terms and Conditions – 4site 4x4 Tyres
Our website at is http://www.4site4x4tyres.co.uk
We are Micheldever Tyre Services Limited, trading as “4SITE 4x4 Tyres” and operate and own the website. We are a company registered in England and Wales under company number 01817398 and with our registered office at Micheldever Station, Winchester, Hampshire SO21 3AP, which is also our main trading address. Our VAT number is 876335394.
If you have any queries about our terms and conditions, or if you have any comments or complaints about this website, you can contact us on firstname.lastname@example.org or 0870 112 9401.
The website is to promote and offer for sale the products and services of the 4site 4x4 network which consists of a series of independent businesses approved by 4site 4x4 tyres, as 4x4 specialists.
2.The contract between you and the tyre centre
This website does not take payment for products or services online it allows you to view products and services online from 4SITE 4x4 approved tyre centres. This website will facilitate a booking for later delivery and payment for the fitting of tyres and/or wheels and the provision of other products and services promoted by the tyre centre listed on this website. The payment by you of the price of those products and services will take place at the tyre centre you select during the booking process. The price of the Tyres includes VAT and installation but excludes TPMS valves. The booking does not constitute a contract.
It is your responsibility to make sure the tyres you order are the correct tyres for your vehicle.
On the website we will show you the price you are paying for the goods, all prices that you will see are inclusive of VAT where applicable at the current rates and excludes TPMS valves.
There may be an occasion where a product is incorrectly priced, despite our best efforts to keep all pricing correct and up to date. In these circumstances, the Tyre Centre will endeavour to call or email you to notify you of the error of the product (s) to give you the option of continuing with the booking or cancelling your order. If they do not receive a response from you, they will treat the order as complete and notify of the change of price when you arrive at the Tyre Centre. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, the Tyre Centre does not have to provide the tyres to you at the incorrect (lower) price.
If for any reason we are not able to accept your booking of the goods of the specification and description at the price indicated, the Tyre Centre will phone or email you.
All payments will be taken for goods and services at the tyre centre. The products and services booked through the site are advertised at a fully fitted price for fitting at the Tyre Centre. There are no additional delivery charges.
The price of the tyres will be the amount set out in the order confirmation email. Prices advertised on the website are liable to change at any time, but price changes will not affect your order once we have sent an order confirmation email.
4.Delivery of the Tyres
The delivery of the tyres will take place when the 4SITE 4x4 Tyres approved centre fits the Tyres on your vehicle at the tyre centre or when you collect them from the tyre centre. 4SITE 4x4 Tyres will take reasonable steps to ensure that the tyres are available at the 4SITE 4x4 Approved Tyre Centre on the fitting date selected. However, occasionally, delivery may be affected by factors beyond our control and so cannot be guaranteed. The 4SITE 4x4 Tyres approved tyre centre we will let you know if we become aware of an unexpected delay and will arrange a new fitting date with you. Your right to cancel under paragraph 8 is unaffected.
In the situation where you are unable to bring your vehicle to the 4SITE 4x4 Tyre Centre on the fitting date, you must inform the tyre centre using the contact details specified in the order confirmation email as soon as possible. We will use reasonable endeavours to arrange a new, mutually convenient fitting date. However, if you have not attended the Tyre Centre to take delivery of the Tyres within 14 days of the original fitting date that you booked, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control, we may, after giving you reasonable prior notice in writing, treat your order as cancelled.
5.Ownership of rights
All rights, copyright and information on this website are owned or licenced by Micheldever Tyre Services trading as 4SITE 4x4 Tyres. Using the content of this website or 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. All content on this website has been carefully written and products and services have been described as accurately as possible. Information such as dimensions, weights and capacities are approximates.
6.Damage to your computer
4SITE 4x4 Tyres endeavours 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. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All bookings are subject to acceptance and availability. If the goods you have requested are not available from stock, the Tyre Centre will contact you by e-mail or phone. You will have the option either to wait until the item is available from stock or to cancel your booking.
You are able to correct errors on your booking up to the point on which you click on “Place Booking” during the booking process.
The Tyre Centre reserves the right to cancel the booking if:
There is insufficient stock to deliver the goods you have booked
One or more of the goods you booked was listed at an incorrect price
If your booking is cancelled the Tyre Centre will notify you by e-mail or phone.
You have the right to cancel your booking at any time up to the point of fitting. If you do cancel your booking you should inform the Tyre Centre by phone.
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 our contact address given above and all notices from us to you will be displayed on our website from time to time.
11.Changes to legal notices
4SITE 4x4 Tyres reserves the right to change these terms and conditions from time to time and you should look through them as often as possible and ensure you are happy with the terms and conditions when placing an order through the website.
We will only change these Terms in response to:
- A change in the law;
- Action by a regulator or government authority;
- A change in the nature or operation of the Site or the products sold through the Site; or
- Legal advice.
12. Law, jurisdiction and language
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.
14.Privacy and security
We will hold all Information you give us in when filling in forms on our website, corresponding with us by phone, e-mail or letter, participating in discussion boards or other social media functions on our website or entering a competition, promotion or survey, you may give us information such as your name, address, e-mail address and phone number, personal description and/or photographs.
We also collect each time you visit one of our website we may automatically collect technical information about you such as the Internet Protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, the country and telephone code where your computer is located and information about your visit, including products you viewed or searched for, page response times, download errors and length of visits to certain pages.
We may also receive information about you from third parties who work closely with us including, for example, business partners, payment and delivery services, advertising networks, search information providers.
To assist in the processing of your order / to carry out our obligations arising from any contracts entered into between you, us and the dealer (e.g. packing and delivering of orders, forwarding of order details, order fulfilment processing , registering warranties where applicable). It may be necessary to provide your information to external companies to allow them to assist us in processing your order e.g by providing these services for us. The companies concerned are not permitted to use the information supplied by us for any other purpose.
To enable us to provide you with marketing and customer services. Where you have agreed to be contacted for marketing purposes, we can tell you about new products or services that we think will be of interest to you, or sort out any queries that you may have about our products, our tyre centres services or this website. We may provide your information to external companies to allow them to assist us in our providing such marketing and customer services to you.
To provide an improved service and ensure that content from our websites is presented in the most effective manner for you and for your computer. This information allows us to update and improve the contents of our websites and to administer our site for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our websites safe and secure.
By tracking customers' movements around our websites, the results of customers' preferences and their use of the sites are analysed en masse. Where they have agreed to be contacted for marketing purposes, certain groups of people may be sent further information about products and services based on that analysis. You have a right not to receive this information and can opt out as set out below. In addition, this information helps us to understand more about the kinds of people who benefit most from using our websites. We think it's important to understand our customers well enough to keep improving our service for them.
When you register on our website or through a competition or other option you will be asked to confirm whether or not you wish to receive information about our promotions and special offers. Additionally, you may be asked if you are happy to be contacted by us for research purposes and / or if you are happy to be contacted by other reputable companies with related offers. Your information will only be disclosed to staff whom work for Micheldever Tyre Services and the tyre centre you select to have your tyres fitted at unless you give us permission to do so. If at any time you no longer wish to receive information from us there may be a small charge for our costs to do this, please email us at info@4site4x4 tyres.co.uk.
Under the Data Protection Act 1998 (the ''Act'') you are entitled to a copy of the information we hold about you. If you would like a copy of your information please write to 4SITE 4x4 Digital Marketing Manager, Micheldever Tyre Services, Southam Tyres, Southam Drive, Southam, Warwickshire, CV47 0RB. Please note that there may be a charge for this service.
- To carry information across pages of our websites and avoid you having to re-enter information when you return to our website
- To measure our website traffic and analyse how our websites work. This will allow us to make changes to our websites in the future and make them easier to use
- To deliver more relevant advertisements on other websites by showing you products you might be interested in based on your most recent visit to one of our sites
- To deliver more relevant email marketing by presenting you with products you might be interested in based on your most recent visit to one of our sites.
You can accept or decline cookies by modifying the settings in your browser. Please note that if you disable all cookies then you may not be able to access many parts of our website.
16.Third party rights and links
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party. Certain links on our sites will lead to websites which are not under our control. When you activate any of these you will leave our site and we will have no control over and will accept no responsibility or liability for the material on any website which is not under our control. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We are unable to guarantee that our website and the content that we display on our website will always be available or uninterrupted. We reserve the right to suspend, withdraw, discontinue or change all or any part of the 4SITE 4x4 Tyres website without notice. We will not be liable to you if for any reason our website is unavailable for any period at any time.
We carefully construct and prepare the content on our website. Due to the changing nature of the information contained on our website, we shall have no liability whatsoever for any damages or losses arising directly or indirectly as a result of any of the information accessible via the website not being accurate, complete or up to date.
We do not guarantee that our site will be secure or free from bugs or viruses. Due to the nature and inherent risks of communications and the transfer of data over the internet, we shall have no liability whatsoever for any damages or losses resulting from viruses, malicious code, the corruption or loss of data or any damage to software or hardware. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and we reserve the right to report any such breach to the relevant authorities.
You warrant that the personal information which you are required to provide when you register as a user of our website is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You will notify us immediately of any changes to the personal information you have provided us with.
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You may download extracts of any page(s) from our sites for your personal use or in accordance with any contractual relationship we have with you. However, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text identifying the authors of content on our sites.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our sites, you must comply with or standards.
Any and all material which you contribute to our website(''contributions''), and to any interactive services associated with them must comply with the following standards. Contributions must not:
- Contain any material which is defamatory of any person or be threatening, abuse or invade another's privacy; or be likely to harass, upset, embarrass, alarm or annoy any other person.
- Contain any material which is obscene, offensive, hateful or inflammatory including any sexually explicit material or promoting violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Infringe any copyright, database right or trade mark of any other person
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- Promote any illegal activity
You agree that you will only use our website for lawful purposes and will not:
- Use them in any way that breaches any applicable local, national or international law or regulation
- Use them in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
- Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
We will determine, in our discretion, whether there has been a breach of the above acceptable use requirements through your use of any of our sites. When a breach of our requirements has occurred, we may take such action as we deem appropriate including immediate, temporary or permanent withdrawal of your right to use our site and/or legal action.
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of the above requirements, whether the service is moderated or not.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms and any dispute arising out of or in connection with it are governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. However, if you normally live in Scotland or Northern Ireland, you may instead bring proceedings in your relevant local courts.
We will not file a copy of the contract between us.
These Terms were last revised on 28th January 2016.