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Terms & Conditions

Information


ractyres.co.uk is operated by Colewood Automotive Limited ("we", "our") under contract with RAC Colewood Automotive Limited is registered in England and Wales with company No 10828348 , VAT 273208316, ractyres.co.uk 1 Kingfisher Court, Bowesfield, Stockton on Tees, North Yorkshire, TS18 3EX.

These terms cover the use of www.ractyres.co.uk and any purchases made on www.ractyres.co.uk.


Definitions


'We' means ractyres.co.uk Limited, a company incorporated under the Companies Acts (Company No. 10828348) and having its registered office at 1 Kingfisher Court, Bowesfield, Stockton on Tees, North Yorkshire, TS18 3EX;


'Website' means the website published by RAC Tyres on the World Wide Web of the Internet with the uniform resource locator https://www.ractyres.co.uk;


'Conditions' means these terms and conditions for website sale of tyres and tyre fitting services;


'Contract' means the contract for the purchase and sale of the Goods as constituted and evidenced by the Customer's Order and the Order Confirmation;


'Customer' means the person whose offer for the Goods is accepted by RAC Tyres;


'Order' means an order from the Customer submitted to RAC Tyres through the RAC Tyres Site by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the RAC Tyres Site;


'Fully Fitted Service' means the service provided by RAC Tyres for the sale of tyres to Customers via the RAC Tyres Site and the subsequent arranging of fitting of such tyres to Customers' vehicles using third party service providers;


'Goods' means the tyres (including any fitting of the tyres or any parts for them) or services which RAC Tyres is to supply in accordance with these Conditions;


'Mail Order Service' means the service provided by RAC Tyres via the RAC Tyres Site for the sale and delivery of tyres only to Customers;


'Order Confirmation' means confirmation in Writing by RAC Tyres of acceptance of the Customer's Order issued prior to supply of the Goods to the Customer;


'Writing' includes electronic mail, telex, cable, facsimile transmission and comparable means of communication.


1. Agreement


By using the Website you agree to be bound by these Terms. We endeavour to offer you the best possible service but cannot guarantee that the Services will be fault free. If a fault occurs, please report it to our Customer Services team by email to [email protected].
Occasionally we need to carry out essential repairs, maintenance and/or updating of our IT systems which may restrict your use of the Services. In these circumstances, we will endeavour to restore the Services to you as soon as possible.


2. Amendments


We reserve the right to:

  1. Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
  2. Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

3. Registration


You warrant that:

  1. the personal information which you are required to provide when you register is true, accurate, current and complete in all respects;
  2. the products purchased on this site are for private and domestic use and are not for re-sale.
  3. you are not impersonating any other person or entity.
  4. you will notify us immediately of any changes to the personal information by e-mailing customer service at: e-mail address: [email protected].

4. Site Disclaimer


Ractyres.co.uk, operated by Colewood Automotive Limited (company number 10828348 VAT number 273208316) of Colewood House, Building 1, Kingfisher Court, Bowesfield, Stockton on Tees, North Yorkshire, TS18 3EX ([email protected]).


5. Compliance


The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:

  1. any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
  2. any material which is defamatory, offensive or of an obscene character.

6. Indemnity


You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.


7. Third Party Links


As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites or for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.


8. Orders


To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:


  1. if an individual, be 18 years of age or over; and
  2. stipulate a delivery address within the United Kingdom; and
  3. register your real name, address, phone number, e-mail address any other details requested and;
    1. By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
    2. All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the goods to you, whichever is the earlier. You agree that we will not be responsible for failing to deliver Goods to you if you have supplied us with an incorrect address.
    3. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
    4. Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
    5. Your order will be installed at the local fitting centre selected by you and will be installed at the date and time set out on your order confirmation.
    6. Next day delivery is subject to RAC Tyres being able to ship tyres to your selected fitter. In some remote and outlying locations, there may be a delay of one day in order for us to move your selected tyres to your selecte fitter. Next day fitting is available to orders completed before 3pm.

    7. This website operates based on information provided to us by you (the user). The service and any recommendations stemming from this service depends on, and varies according to, the accuracy of such inputted information. We can therefore accept no responsibility for, nor any liability in respect of, the input of inaccurate information to this website by you and/or any third parties.

Although we take every care to recommend the correct tyres to you these can only ever be deemed to be suggestions based on the information available to us at the time. It is, ultimately, your responsibility to check and verify that the recommendations are correct for your vehicle. If in doubt please call our customer contact centre who will be best able to advise you.


9. Delivery


  1. Where a Customer has booked the Mail Order Service, delivery of the Goods shall be made by RAC Tyres or its nominated carrier delivering the Goods to the delivery address specified in the Order Confirmation or such other address as shall be approved of in advance by RAC Tyres.
  2. Where a Customer has booked the Fully Fitted Service, delivery of the Goods shall be made by RAC Tyres when the Goods are fitted to the Customer's vehicle by the fitting centre specified in the Order Confirmation or such other address as shall be approved of in advance by RAC Tyres.
  3. Any dates quoted for delivery and/or fitting of the Goods are approximate only and not guaranteed and RAC Tyres shall not be liable for any delay in delivery and/or fitting of the Goods however caused. Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by RAC Tyres in Writing. Where the Mail Order Service is booked by the Customer, the Goods may be delivered by RAC Tyres in advance of the quoted delivery date upon giving reasonable notice to the Customer.
  4. If the Customer fails to take delivery of the Goods or fails to give RAC Tyres adequate delivery instructions in the Customer's Order then, without prejudice to any other right or remedy available to RAC Tyres, RAC Tyres may:
    • 1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
    • 2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; or
    • 3 return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.
  5. Delivery of the Goods shall be evidenced by the return to RAC Tyres of its or its authorised carriers' official packing/delivery note which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it.

10. Risk and Property


  1. Risk of damage to or loss of the Goods shall pass to the Customer:
    • in the case of the Mail Order Service at the time when the Goods are delivered to the delivery address specified in the Customer's Order or such other address as shall have been approved of in advance by RAC Tyres; or
    • in the case of the Fully Fitted Service (subject to the terms and conditions of the relevant tyre fitting agreement between RAC Tyres and the relevant fitting centre to the contrary which, if any such agreement exists, shall take precedence) at the time when the Customer is notified that the Goods have been fitted and are ready for collection.
  2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to and in the Goods shall not pass to the Customer until all sums due by the Customer to RAC Tyres (including any applicable interest and charges) have been paid in full.
  3. Until such time as the property in the Goods passes to the Customer, the Customer shall keep the Goods separate from those of third parties and properly stored, protected and insured and identified as RAC Tyres's property.
  4. Until such time as the property in the Goods passes to the Customer, RAC Tyres shall be entitled at any time to require the Customer to deliver up the Goods to RAC Tyres and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall be obliged to assist and allow RAC Tyres to repossess the Goods.
  5. The Customer shall not be entitled in any way to charge by way of security for any indebtedness any of the Goods which remain the property of RAC Tyres, but if the Customer does so, all moneys owing by the Customer to RAC Tyres shall (without prejudice to any other right or remedy of RAC Tyres) forthwith become due and payable.

11. Products


We rely on the details supplied by you and the tyres specification provided by to supply you with correct product.

ractyres.co.uk is intended for use within the United Kingdom only. We make no representation that any product or service referred to on ractyres.co.uk is appropriate for use, or available, outside of the United Kingdom or that any product complies with any laws other than the laws of England.


12. Returns


In the case of Fully Fitted Services, before installation of the tyres, the Customer shall be entitled to cancel the Contract, return the Goods and receive a full refund (or where the goods have not been paid for, full credit). The Customer may cancel an order either by phoning customer services on 0808 169 9685 or by filling in the cancellation form on Cancellation Form and sending this back to ractyres.co.uk. No additional restocking charge or administrational charge will be added in accordance with Distance Selling Regulations.


13. Prices and Payment


  1. Payment will be taken at the time of ordering and not at the local fitting centre responsible for delivery of your Goods.
  2. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
  3. You can pay either by VISA, Master Card, AMEX or Maestro. We are unable to accept AMEX, Electron cards, cheques, cash, or postal Orders through the Website. Orders will only be processed if you provide the card holder's name as it is shown on the card together with the postcode that appears on the card statement. No responsibility can be taken by either Colewood or RAC for incorrect or incomplete details submitted on the Website. You undertake that all details you provide for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own (or have authority to use it) and that there are sufficient funds to cover the cost of the Goods ordered.


      Fraudulent Transactions


      To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these Terms and Conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic ‘fingerprints’ of every order placed on the Website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on the Website.

  4. You may be asked to confirm that the credit or debit card that is being used is yours.
  5. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to the fitting company we will not be liable to you for any delay or non-delivery.

All products on our Website should be available. If however due to an error one of our products is out of stock or unavailable we reserve the right to supply Goods of equivalent or matching quality. In some instances the cost of the substitute Goods may be of a higher or lower price than the Goods ordered. In this event we will contact you to offer you the option to either pay the difference or refund you the difference.


14. Intellectual Property


  1. The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website belong to us and our agents and shall remain with us or our licensors.
  2. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the Website.

15. Liability


  1. RAC Tyres shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer's Order. RAC Tyres shall have no liability for errors in any Customer's Order and any loss (or otherwise) that may arise therefrom.
  2. RAC Tyres shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow RAC Tyres's instructions (whether oral or in writing) or misuse or alteraion or repair of the Goods without RAC Tyres's approval.
  3. Save as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.
  4. Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery isrefused by the Customer) be notified to RAC Tyres in Writing within 48 hours from the date of delivery or fitting (in the case of Fully Fitted Service) or where the defect or failure was not apparent on reasonable inspection) within 24 hours after discovery of the defect or failure.
  5. Where RAC Tyres is the subject of any claim regarding damage caused to the vehicle or wheels during the Fully Fitted Service, the RAC Tyres fitter must be given the opportunity to inspect and rectify the claimed damage. Where the distance required to travel to the original fitter is unreasonable, an alternative RAC Tyres fitter will be nominated by RAC Tyres. Work carried out by third parties without an inspection at a fitter designated by RAC Tyres, or that has ot been agreed with RAC Tyres in writing prior to the work being completed, will not be covered by RAC Tyres.
  6. Subject to Clause 8.1, if delivery is not refused, and the Customer does not notify RAC Tyres in accordance with Clause 9.4, the Customer shall not be entitled to reject the Goods and RAC Tyres shall have no liability for such defect or failure.
  7. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to RAC Tyres in accordance with these Conditions, RAC Tyres shall be entitld to replace the Goods (or the part in question) free of charge or, at RAC Tyres's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but RAC Tyres shall have no further liability to the Customer or any other person.
  8. Except in respect of death or personal injury caused by RAC Tyres's negligence, RAC Tyres shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of RAC Tyres, its employeesor agents or otherwise) which arise out of or in connection with the supply or fitting of the Goods or their use or resale by the Customer, and the entire liability of RAC Tyres under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
  9. RAC Tyres shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of RAC Tyres's obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond RAC Tyres's reasonable control.

16. Law and Jurisdiction


These terms and conditions shall be governed and construed in accordance with the laws of England and the courts of England and Wales shall have exclusive jurisdiction to hear and determine any dispute that may arise in connection therewith.


17. General


(a) None of these terms and conditions shall be deemed waived and no breach or default excused by us unless that waiver or excuse is authorised in writing. (b) If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

18. Cookies


  1. What is a cookie?


    A cookie is a small text file that may be placed on your device when you visit our sites. When you next visit our sites the cookie allows us to distinguish you from other users.

  2. There are two broad categories of cookies:


    1. Persistent cookies

      Persistent cookies remain on your device until deleted manually or automatically.

    2. Session cookies

      Session cookies remain on your device until you close your browser when they are automatically deleted.


  3. Cookies we use and why we use them

    1. Essential cookies Essential cookies are technical cookies that are required for the operation of our sites. Without essential cookies our sites can't operate properly. Essential cookies include, for example, cookies that enable you to find your car.
    2. Performance cookies Performance cookies allow us to recognise and count the number of visitors to our sites and to see how visitors move around them. This helps us to improve the way our sites work by enabling us to tailor our sites to the way visitors use them. The information we collect from performance cookies is aggregated which means that we cannot identify you from it.
    3. Experience cookies Experience cookies allow our sites to remember the choices you make. Our sites use experience cookies to provide you with enhanced and personalised features. For example, we use information collected through what are known as 'web-analytic' cookies to compare the choices you make to those of our other customers so that we can learn from those choices. Information collected by experience cookies cannot track your browsing activity when you leave our sites to browse other sites.
    4. Marketing cookies Marketing cookies record your visits to our sites, the pages you have visited and the links you have followed. We use this information to make our sites and the advertising displayed on them more relevant to your interests. For example sometimes we use marketing cookies to limit the number of times that you see an advert. Sometimes we share information about your browsing activity, (which we have collected from cookies) with our advertising partners. They may use this information to advertise products, which may interest you, on other sites.
    5. Your right to refuse cookies and what happens if you refuse them You can refuse cookies by activating the relevant setting on your browser. However, if you do so you may not be able to access all or parts of our sites. If you carry on using our sites and do not change your browser settings we will assume you consent to us using cookies as described above.

* Free next day fitting offered on the majority of orders, earliest fitting time will be listed on site at time of selection, delivery is subject to stock and stock location.