Terms And Conditions
Competitions and Offers
1. The Contract Between Us
1.1 This page together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the goods (Goods) listed on our website (our site) to you. Goods means the tyres (including any fitting of the tyres or any parts for them) or services we supply in accordance with the relevant Contract.
1.2 These terms will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure you understand them before ordering any Goods from our site.
1.3 Please note that by ordering any of our Goods you agree to be bound by these Terms and the other documents expressly referred to in to in it.
1.4 Please click on the “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
1.5 You should print a copy of these Terms for future reference.
1.6 We amend these Terms from time to time. Every time you wish to order Goods, please check these Terms to ensure that you understand the terms which will apply at that time.
1.7 These Terms and any Contract between us are only in the English language.
1.8 Your use of our site is governed by our Terms of Website use. Please take the time to read this as it includes important terms which apply to you.
2. Information about us
2.1 We operate the website bushtyres.co.uk. We are B.A. Bush & Son Limited company number 976405 or B.A. Bush Tyres Limited company number 1146917, both of Station Yard, Horncastle, Lincolnshire LN9 5AQ trading as Bush Tyres. Our VAT number is 328 0004 45.
2.2 To contact us, please see our Contact Us page.
3. How we use your personal information
4. If you are a Consumer This clause 4 only applies if you are a consumer.
4.1 If you are a consumer you may only purchase Goods from our site if you are at least 18 years old.
4.2 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 legal rights.
5. If you are a Business Customer This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
5.2 These Terms and any document expressly referred to constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
6. How the Contract is formed between you and us.
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process as you shall be responsible for ensuring the accuracy of the order submitted by you and for giving us the necessary information relating to the Goods. We shall n t be liable to you as a result of any inaccurate information supplied by you.
6.2 All orders placed by you shall be deemed an offer by you to purchase the Goods. We are not under any obligation to accept your order. By clicking the ‘Submit’ button you agree to these terms and conditions. By completing and submitting the following electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
6.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
6.4 We will confirm our acceptance to you of your order by sending an email confirming that the Goods are available (Confirmation). The Contract between us will only be formed when we send you the Confirmation.
6.5 If we are unable to supply you with the Product, for example because the Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 9.1 we will inform you of this by email and we will not process the order. If you have already paid for the Goods, we will refund the full amount as soon as possible or alternatively if you agree we will offer an alternative product.
6.6 If there is a problem with your order a member of our customer services team will contact you.
7. Our right to vary the Terms
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in the relevant laws and regulatory requirements; or
7.1.3 changes in how we process your order.
7.2 Every time you order Goods from us, the Terms in force at that time will apply to the Contract between you and us.
8. Description of Goods
8.1 We have taken every care to describe and show the Goods on our site as accurately as possible. Despite this slight variations in Goods may occur. If there is anything you do not understand or wish to obtain further information please contact our customer services team.
8.2 All Goods shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered in not available and we will not process you order if made.
8.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Confirmation only.
8.4 We reserve the right to change the Goods or any relative specification (whether such specifications have been submitted by you in your order or otherwise) and designs at any time and without notice, as a result of changes in the law or at our sole discretion.
9. Price and Payment
9.1 The price you pay for the Goods will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of our Goods are correct at the time when we enter the relevant information onto the system. However if, by mistake, we have priced the Goods incorrectly, we will not be liable to supply those Goods to you at the stated price provided we have notified you in advance of despatching the Goods to you. In this situation we will notify the correct price to you so you can decide whether you wish to proceed with the order of the Goods at the correct price. If you do not decide to purchase the Goods we will give you a full refund of any amount already paid.
9.2 Prices for our Goods may change from time to time, but changes will not affect any order we have confirmed with our Confirmation.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being and delivery. However if the VAT rate changes between the date of your order and the date of delivery (as defined below) we will adjust the VAT you pay, unless you have already paid in full for the Goods before the change in VAT takes effect.
9.4 You can pay for the Goods by credit or debit card as may be accepted by us from time to time as stated on our site. Authority for the payment of the order must be given at the time of submitting the order. If there is a problem taking payment for all or part of your order we will attempt to contact you by email in the first instance. Occasionally we may contact you by telephone.
10.1 If the order is for the supply of the Goods only, delivery of the Goods shall be made to the fitting centre as specified in the Confirmation. If the order of the Goods includes the fitting of the Goods delivery of the Goods shall be made by us when the Goods are fitted to your vehicle by the fitting centre specified in the Order.
10.2 Whilst we will try and ensure that the Goods are delivered within the time frame chosen we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We will endeavour to try and contact you to let you know of we are having any problems supplying the Goods within the time frame chosen.
10.3 We shall not be liable for any delay in delivery and/or fitting of the Goods howsoever caused and time for delivery of fitting shall not be an essential term of the Contract and is not guaranteed.
10.4 If the delivery only service is chose risk of damage or loss of the Goods shall pass to you at the time of when the Goods are delivered to the delivery address specified in the Confirmation. If you have selected the fully fitted service risk of damage in the Goods shall pass to you when the fitting centre confirms that the Goods have been fitted to your vehicle.
10.5 The title in and to the Goods shall however not pass to you until all sums due to us have been paid in full. Until such time as the title to the Goods passes to you we shall be entitled at any time to require you to immediately deliver up the Goods to us and if you fail to do so to enter upon any of your premises or those of any third party where the Goods are stored and repossess the Goods.
10.6 All Goods will be delivered to the address registered to the credit/debit card used for the payment of the transaction.
10.7 We shall have no further liability under the Contract if, for any reason you fail to accept delivery of the Goods.
10.8 Free delivery is only available to mainland UK. For delivery outside mainland UK, please contact us.
11. Cancellation of orders
11.1 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 clause 9.2 and clause 9.3. 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 a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract [under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
11.2 You may not be able to cancel orders for Goods that have been used, fitted to a vehicle or damaged after they have been delivered or deemed to have been delivered to you.
11.3 For all other Goods you have the legal right to cancel a Contract at any time from the date of the Confirmation up to seven working days after they have been delivered to you pursuant to clause 10 above.
11.4 To cancel an order or If for any reason you wish to return unused or undamaged Goods within 7 working days of delivery please contact our customer services team.
11.5 You can arrange to return the Goods to us at your own cost or we can arrange a collection service for you at our standard collection rates from time to time. The fees for the collection services are currently [n]. We strongly recommend that if you are arranging the return of the Goods that you insure the Goods against loss in transit as we are unable to refund the cost of the Goods which are lost whilst being returned to us. 11.5 Returns should be sent to [n].
12.1 If you cancel your Confirmation in accordance with clause 11 prior to the Goods being dispatched we will refund in full within 2 working days of your Confirmation being cancelled.
12.2 If you have decided to cancel the Confirmation once the Goods have been dispatched either to you or to the fitting centre where you were to have the Goods fitted we will refund you in full once the Goods have been returned to us. If you have asked us to collect the Goods from you we will deduct the costs of our standard collection rate from the refund due to you.
12.3 We will only make refunds to the debit or credit card that was originally charged for the purchase of the Goods.
13. Cancellation by us
13.1 We reserve the right to cancel any Confirmation if for any reason the Goods ordered are no longer available to of the Goods have been withdrawn by the manufacturer or by us.
13.2 If the provisions of clause 13.1 apply we will refund in full any payments made to us in respect of your Confirmation but we shall not be under any further obligation in respect of compensation or any other damages.
14. Tyre warranty
14.1 All tyres supplied by us will be covered by the relevant tyre manufacturer’s warranty. If at any time after the purchase of the tyres you believe that there may be a defect you can arrange for the tyres to be inspected at on of our fitting service under the manufacturer’s warranty. Please contact our customer service team.
14.2 If the tyre is found to be defective then we will refund the allowance awarded by the manufacture
14.3 We warrant that (subject to the provisions of clause 14.1) on delivery the Goods shall:
14.3.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
14.3.2 be reasonably fit for any particular purpose for which the Goods are being bought if you have made known that purpose to us in writing and we have confirmed in writing that it is reasonable for you to rely on our skill and judgement.
14.4 We shall not be liable for a breach of any of the warranties in clause.
14.4.1 You give us notice of the defect and if the defect is as a result of damage in transit to you, within 5 days of the time when you discover or ought to have discovered the defect; and
14.4.2 We are given a reasonable opportunity after receiving the notice of examining such Goods and if you return the Goods if we so ask to our place of business at your cost in order to exam them 14.5 We shall not be liable for a breach of any of the warranties in clause 14.3 if:
14.5.1 you make any further use of such Goods after giving such notice; or
14.5.2 arising from fair wear and tear, wilful damage, negligence, abnormal working conditions;
14.5.3 the defect arises because you failed to follow ours oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
14.5.4 you misuse, alter or repair such Goods without our written consent.
14.6 Subject to clause 14.4 and clause 14.5 if any of the Goods do not conform with any of the warranties in clause 14.3 we shall at our option repair or replace such Goods refund the price of such Goods at the pro rata Contract rate provided that, if we request you shall, at your expense, return the Goods or the part of such Goods which is defective to us.
14.7 If we comply with clause 14.5 we shall have no further liability for a breach of any of the warranties in clause 14.3 in respect of such Goods.
14.8 Nothing in these Terms shall limit our liability in respect of death or personal injury as a result of our negligence (within the meaning of section 1(1) of the Unfair Contracts Terms Act 1977), any loss as a result of fraud or any other loss or liability which by law we cannot exclude or limit.
15.1 We may assign the Contract or any part of it to any person, firm or company.
15.2 You are not entitled to assign the Contract or any part of it without our prior written consent.
16. FORCE MAJEURE
We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods you ordered (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 10 days, you shall be entitled to give us notice in writing to terminate the Contract.
17.1 Each of our rights or remedies under the Contract is without prejudice to any other of our rights or remedies whether under the Contract or not.
17.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
17.3 Any failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
17.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
17.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
17.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
Offers & Competitions
Triple Guarantee – May 2013
- Triple Guarantee is offered by the promoter on any retail purchase of passenger car, van or 4X4 tyres from participating BUSH TYRES or ZR TYRES depots (see website for details).
- Free Puncture Repair warranty means specifically that any punctured tyre will be inspected by a member of the promoters’ staff. If in their judgment the tyre can be repaired to all current British Standards it will be repaired Free of Charge. Otherwise a comparable new tyre will be offered for sale, inclusive of the triple guarantee. Only one repair per household is permitted.
- Free Rebalance is offered by the promoter to mean one free rebalance of the purchased tyre. Only one rebalance per household is permitted.
- Free Alignment Recheck means one front and rear alignment check of the vehicle every 5,000 miles, but only where mileage details and vehicle registration details are offered by the consumer and captured by the promoter. Only one vehicle per household is permitted.
- Promotion runs from May 7th 2013 to June 7th 2014 inclusive but may be withdrawn at any time at the discretion of the promoter
- In the event of any dispute, in all cases the promoter’s decision is final.
- The value(s) of this promotion is non-transferable and no cash alternative will be offered.
- Promoter: BUSH TYRES Ltd, Station Yard, Horncastle, Lincolnshire, LA9 5AQ.
- Any tyres and / or vehicles found, or suspected of being used, for uses other than those for which they were designed for will immediately deem any guarantee offered by the promoter as null void.