In these terms and conditions of sale the following words will have the following meanings:
The Purchaser shall mean the individual, person, company or other body placing the order.
The Seller shall mean – “Herts, Beds & Bucks Mobile Tyre Services Ltd” (HBB)
The Products shall mean road tyres for cars, vans and trucks, including where appropriate tubes, valves, wheel balancing weights and any other goods or materials whether fitted or not, including solely providing a service without supply of goods, sold by HBB.
Words denoting the singular shall include the plural and vice versa.
The Order Confirmation shall mean an acceptance by the Seller and the Purchase that a specific service and price has been agreed either verbally or in writing, by email, text or other document.
1 All contracts of sale are accepted by the Seller subject to these terms and conditions to the exclusion of all other terms and conditions specified by the Purchaser. Acceptance is conditional upon the availability of the Products and fitting capacity, at the sole discretion of the Seller. Acceptance of the delivery of the Products constitutes acceptance of these terms and conditions.
2 All Products must be paid for at the time of order completion, unless the Purchaser has an approved credit account. If the Purchaser has an approved credit account Payment for the Goods shall be not later than the due date specified on the invoice. The Seller reserves the right to charge interest on a daily basis from the date of invoice on all sums due at the rate of 1.5% per month or part thereof until payment is received. At its sole discretion the Seller may cancel or amend any credit limit previously granted if terms are not adhered to.
3.1 The price of the Products shall be the price specified by HBB in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in HBB’s price list or text on the HBB website current at the date and time of the Order Confirmation. All prices are subject to the addition of VAT at the rate current at the time of supply. Payment can be accepted by Bank Transfer, BACS or Credit/Debit Card.
3.2 HBB reserves the right, by giving notice to the Purchase at any time before issuing of the Order Confirmation, to change or increase the price of the Products to reflect:
3.2.1 any increase in the cost to HBB which is due to any factor beyond the control of HBB (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture).
3.2.2 any change in delivery dates, quantities or specifications for the Products which is requested by the Purchaser. Cancellation may incur re-stocking fees for special orders.
3.2.3 any delay caused by any instructions of the Purchaser or failure of the Purchaser to give HBB adequate information or instructions.
4 The geographical area served by HBB is normally any address within Hertfordshire, Bedfordshire and Buckinghamshire but special arrangements may be made if a supply of the Products including a fitting service is required outside of this zone.
5 In the event of non-payment or the appointment of a Receiver or Administrator over the whole or part of the Purchaser’s assets the Seller may remove the Products. Where the Products are tyres upon the said removal of the tyres by the Seller a charge will be made by the Seller for the amount of tread used and for the fitting/removal costs involved. The Purchaser agrees that in the event of the Seller requiring to repossess the tyres the Seller will not be responsible for re-fitting the original tyres which by then may have been disposed of.
6 Unless otherwise agreed in writing the Seller will remove all worn casings and any other used items which have been replaced by new Products and they will be responsibly disposed of at the discretion of the Seller. The Seller has facilities to retain worn casings for inspection. Details are available upon request.
7.1 All queries will be dealt with at the original fitting location. It is the responsibility of the Purchaser to return the vehicle to the original fitting location for this purpose.
7.2 In the event of a complaint concerning a suspected manufacturing defect the Purchaser will pay in full for a replacement Product which the Seller will fit. The Seller will then return the Product that is suspected of being defective to the manufacturer for inspection. If the manufacturer confirms that the Product is defective a refund will be made. The amount of the refund will take into account the nature of the defect and the amount of use that the Purchaser has derived from the Product. The decision of the manufacturer will be final.
8 Puncture Repairs only – Tyres will be repaired to BS AU159 which involves removing the tyre from the wheel in order that a full inspection can be carried out to ascertain if any internal damage has occurred. As the objective is to return the vehicle to a roadworthy condition it will be necessary for the Seller to have a replacement tyre available in case the punctured tyre is found to be damaged beyond the scope of BS AU159.
9 Severability – If and to the extent that any provision or any part of the Seller’s conditions are illegal, void or unenforceable, then such provision or part thereof shall be deemed to be severable from the remaining provisions or parts all of which remaining provisions shall remain in full force and effect.
10 Force Majeure – The Seller will upon request provide an indication of an arrival time at the Purchaser’s premises or the Purchaser’s client’s premises. This estimated time of arrival should be regarded as a guide only and no responsibility can be accepted for lateness, however caused.
11 Risk – The Products will be at your risk from the time they are fitted to your vehicle. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products or when the Products are fitted to your vehicle, whichever is later.
12 Jurisdiction – These terms and conditions shall be governed in accordance with English Law.
13 Data and Privacy Statement – In order to provide a professional and effective service to Purchasers, you may be asked to provide us with some personal information. This is information such as your name, address, contact details and other such information. HBB will respect your privacy at all times and only use your data for the purposes of supplying the Products or a quotation for same.
HBB is registered as a Data Controller with the Information Commissioners Office and will only process your data legally and in accordance with our Privacy Statement and Data Protection Policy and the principles of the General Data Protection Regulations. Our Privacy Statement and Data Protection Policy is available on request.
We will only use your data for legal business purposes, the provision of our services and for communication. We will not share your personal data with other third parties without your prior consent unless required to do so by law. All personal information is treated as private and confidential, it is recorded electronically on a database and/or in a paper file. You have the right to see any information that we hold about you, and to have your details removed.
HBB will respect your privacy at all times. HBB will not sell or make available in any way your personal information except where you have specifically asked us to. HBB is registered under the Data Protection Act and therefore treats your personal data accordingly.
HBB will itself collect and use information you supply to HBB in the following ways:
Data that you provide when registering and using the website or service generally will be stored by HBB and be used by HBB to contact You, provide You with information relevant to the Products and services as well as for the day-to-day use and improvement of the services, unless You have asked us not to do so.
HBB may periodically issue satisfaction surveys. Data provided in any response by You may be used to develop user profiles for HBB’s own use.
HBB does not hold customers’ financial information.
HBB will only pass your information on to third parties under the following circumstances. HBB may forward Data previously supplied by You to a relevant Data Provider where that Data is required to give You access to the restricted parts of certain Data Provider’s Content or if you have requested services from a Data Provider that require payment, or where your address is required to allow a Data Provider to send you information that You have requested.
If You can be identified from such Data then HBB will not pass on the Data without having obtained your permission. In the case of payments for services, or requests for non-electronic documentation, this permission will be deemed to have been granted if or when You fill out the relevant forms on the HBB website.
You can request to have the Data you supplied deleted from HBB’s records. You may modify the data supplied to HBB at any time. You agree to update your data if it changes. You agree that HBB may, if required by law, disclose your Data to any person empowered to request such information.
