This website is operated by Monty's Wheels & Tyres
(referred to as "MWT/we/our/us").
As user of this website (referred to as "you/your") you acknowledge that any
use of this website including any transactions you make ("use/using") is subject
to our terms and conditions below (which includes any other important hyper-linked
sections e.g. Security, Privacy Policy and Returns & Refunds Policy) Please:
read through these terms and conditions carefully before using this website
print a copy for future reference.
also read our Privacy Policy section regarding your personal information.
1. General
1.1
We reserve the right to change these terms and conditions
at any time. Any such changes will take effect when posted on the website
(see date
at the top) and it is your responsibility to read the terms and conditions
on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and
conditions.
1.2
If you are not a consumer, you confirm that you have
authority to bind any business on whose behalf you use this website
1.3
Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
2. Order process
2.1
Please see the Home Delivery information, for further information on our Home Delivery Service.
All orders that you place on this website will be subject to acceptance
in accordance with these terms and conditions.
2.2
The 'confirmation' stage sets out the final details
of your order. Following this, we will send to you an order acknowledgement
email detailing the products you have ordered. Please note that this
email is not an order confirmation or order acceptance from MWT.
2.3
Acceptance of your order and the completion of the
contract between you and us will take place on despatch to you of the
products ordered
unless we have notified you that we do not accept your order or you
have cancelled it (please refer to Returns and refunds).
2.4
You may log into your account using the details provided to you when you placed your order. We will store your order history and your contact details, but we DO NOT store any of credit card details, for security reasons.
3. Delivery
3.1
This website is only for delivery of products
to customers in mainland UK and Northern Ireland addresses. We cannot
deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish
Islands, BFPO addresses, or the Republic of Ireland. All goods must
be signed for by an adult aged 18 years or over on delivery.
3.2
Delivery charges and estimated timescales are specified
in the Home Delivery section
and also when you place an order. We make every effort to deliver goods
within the estimated timescales, however delays are occasionally inevitable
due to unforeseen factors. MWT shall be under no liability for any
delay or failure to deliver the products within estimated timescales.
3.3
Risk of loss and damage of products passes to you
on the date when the products are delivered or on the date of first
attempted delivery by us.
4. Payment
4.1
We take payment from your card at the
time we receive your order, once we have checked your card details
and stock availability. Goods
are subject to availability. In the event that we are unable to supply
the goods, we will inform you of this as soon as possible. A full
refund will be given where you have already paid for the goods.
4.2
The price you pay is the price displayed on this
website at the time we receive your order apart from the following
two exceptions:
a) For products purchased online, should you collect them from our depot, the price you pay is the price displayed on our website on day of collection.
b) While we try and ensure that all prices on our website are accurate, errors
may occur. If we discover an error in the price of goods you have ordered we
will inform you as soon as possible and give you the option of reconfirming your
order at the correct price or cancelling it. If we are unable to contact you
we will treat the order as cancelled. If you cancel and you have already paid
for the goods, you will receive a full refund.
4.3
Payment can be made by any method specified in How To Use This Site. For information about secure on-line ordering
see Security.
4.4
Title to any products you order on this website
shall pass to you on delivery of the products provided that we have
processed
and received payment in full for the products.
4.5
All prices include VAT (where applicable) at the
applicable current rates but exclude delivery charges, unless expressly
stated otherwise (see Home Delivery for further details including
Delivery charges).
5. Returns, Cancellations and Substitutions
5.1
Sometimes the product specifications from the manufacturer
may change, in which case we will do our best to offer you a substitute
of the same or better quality at the same price and we will notify you before dispatching your order. Where applicable, you may cancel your order in
accordance with your rights under the Distance Selling Regulations
(see the Returns and Refunds page for further details)
5.2
All sizes and measurements are approximate but we do try to make
sure that they are as accurate as possible.
6. Intellectual Property
6.1
You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights in all materials
and/or content made available as part of your use of this 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.
6.2
You acknowledge and agree that the material and
content contained within this website is made available for your personal
non-commercial use only and that you may only download such material
and content for the purpose of using this website. You further acknowledge
that any other use of the material and content of this website is
strictly prohibited and you agree not to (and agree not to assist or
facilitate
any third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and
content.
7. Liability and Indemnity
7.1
Nothing in these terms and conditions excludes
or limits liability for death or personal injury caused by negligence,
fraudulent misrepresentation, or any other liability which may not
otherwise be limited or excluded under applicable law.
7.2
Subject to Section 7.1 above, MWT will use reasonable
endeavours to verify the accuracy of any information on the site but
makes no representation or warranty of any kind express or implied
statutory or otherwise regarding the contents or availability of the
site or that it will be timely or error-free, that defects will be
corrected, or that the site or the server that makes it available are
free of viruses or bugs or represents the full functionality, accuracy,
reliability of the website Argos will not be responsible or liable
to you for any loss of content or material uploaded or transmitted
through the website and MWT accepts no liability of any kind for
any loss or damage from action taken or taken in reliance on material
or information contained on the site.
7.3
Subject to Section 7.1 above, other than as expressly
provided in these terms and conditions with respect to specific products
and except for the exclusive remedies set out at Section 5 above, any
indemnities, warranties, terms and conditions (whether express or implied)
are hereby excluded to the fullest extent permitted under applicable
law.
7.4
Subject to Section 7.1 above, MWT will not be
liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent on negligent
misrepresentations) or otherwise out of or in connection with the
terms and conditions for any:
economic losses (including without limitation loss of
revenues, data, profits, contracts, business or anticipated savings);
or
loss of goodwill or reputation; or
special or indirect losses
suffered or incurred by that party arising out of or in connection
with the provisions of any matter under these terms and conditions.
7.5
Notwithstanding the above, subject to Section 7.1
MWT' aggregate liability (whether in contract, tort or otherwise)
for loss or damage shall in any event be limited to a sum equal to
the amount paid or payable by you for the product(s) in respect of
one incident or series of incidents attributable to the same clause.
7.6
This clause 7 does not affect your statutory rights
as a consumer, nor does it affect your contract cancellation rights.
7.7
We will take all reasonable precautions to keep the
details of your order and payment secure, but, unless we are negligent,
we cannot be held liable for any losses caused as a result of unauthorised
access to information provided by you.
8. Miscellaneous Provisions
8.1
The contract between us shall be governed by the
laws of England and any dispute between us will be resolved exclusively
in the courts of England. English is the only language offered for
the conclusion of the contract.
8.2
We have selected our products on the basis that they
will be used for domestic use only, if you are planning to use them
for business purposes please make sure that you are covered by appropriate
insurance.
8.3
MWT shall be under no liability for any delay or
failure to deliver products or otherwise perform any obligation as
specified in these terms and conditions if the same is wholly or partly
caused whether directly or indirectly by circumstances beyond its reasonable
control.
8.4
To provide increased value to our customers, we may
provide links to other websites or resources for you to access at
your sole discretion. You acknowledge and agree that, as you have chosen
to enter the linked website we are not responsible for the availability
of such external sites or resources, and do not review or endorse and
are not responsible or liable, directly or indirectly, for (i) the
privacy practices of such websites, (ii) the content of such websites,
including (without limitation) any advertising, content, products,
goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged
to be caused by, or in connection with, the use of or reliance on any
such advertising, content, products, goods or other materials or services
available on such external websites or resources.
8.5
You may not assign or sub-contract any of your rights
or obligations under these terms and conditions or any related order
for products to any third party unless agreed upon in writing by MWT.
8.6
MWT reserves the right to transfer, assign, novate
or sub-contract the benefit of the whole or part of any of its rights
or obligations under these terms and conditions or any related contract
to any third party.
8.7
If any portion of these terms and conditions is held
by any competent authority to be invalid or unenforceable in whole
or in part, the validity or enforceability of the other sections of
these terms and conditions shall not be affected.
8.8
These terms and conditions do not create or confer
any rights or benefits enforceable by any person that is not a party
(within the meaning of the U.K. Contracts (Rights of Third Parties)
Act 1999) except:
a) the MWT (as defined below) shall have the right to enforce
any rights or benefits under these terms and conditions;
b) the MWT shall have the right to enforce and take the benefit
of the rights or benefits of any limitation or exclusion or limitation of liability
in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.7 above
of the rights or benefits of these terms and conditions may enforce such rights
or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the
parties to vary or rescind these terms and conditions (whether or not in any
way that varies or extinguishes rights or benefits in favour of such third parties).
8.9
No delay or failure by MWT to exercise any powers,
rights or remedies under these terms and conditions will operate as
a waiver of them nor will any single or partial exercise of any such
powers, rights or remedies preclude any other or further exercise of
them. Any waiver to be effective must be in writing and signed by an
authorised representative of MWT.
8.10
These terms and conditions including the documents
or other sources referred to in these terms and conditions supersede
all prior representations understandings and agreements between you
and MWT relating to the use of this website (including the order
of products) and sets forth the entire agreement and understanding
between you and MWT for your use of this website
This website is owned and operated by
Monty's Wheels & Tyres
36 Bathurst Walk
Richings Park
Iver
Buckinghamshire
SL0 9BH
VAT Number 724 4050 65
Data Protection Registration No: Z8710705
We recommend you print out a copy of these terms and conditions for your
future reference.
If you have any questions regarding the Monty's Wheels & Tyres website please see the Contact Us section for more information and full contact
details.