Terms and Conditions
These terms and conditions form the basis on which you can visit and use this website. Please read them carefully as they contain important information.
General terms and conditions
This website is owned and operated by Silkmoth Ltd (company registration number: 4204791) of Charter House, Charter Way, Macclesfield, Cheshire SK10 2NG (the “Company”, “we” or “us”). If you have any queries about these terms and conditions or if you have any comments or complaints on or about this website, you can contact us at email@example.com or 01625 433388.
The website is to promote and offer for sale the products and services of TMS Ltd (company registration number: 5693106) operating at 50 Almond Road, Leicester, Leicestershire, LE2 7LP (the “Fitting Centre”).
1. The contract between us
This website does not take payment for products or services online. The website enables you to view products and services online and to make a booking for later delivery and payment. The fitting of tyres and provision of other products and services promoted by this website and the payment by you of the price of those products and services will take place at the Fitting Centre. The booking does not constitute a contract.
The booking process on the site provides details of the tyres and any additional services that you have selected as part of your order. Please take the time to read and check your booking. It is your responsibility to make sure the tyres you order are the correct tyres for your vehicle including the size and type of tyre e.g. run flat OEM etc.
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to the Company. Any use of this website or its contents, 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.
3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, bookings will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4. Damage to your computer
We try 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 Fitting 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.
6. Booking errors
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 prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information, errors and omissions excepted.
Whenever it is not possible to accept your booking to buy goods of the specification and description at the price indicated, the Fitting Centre will advise you by email or phone or when you visit the centre.
8. Payment terms
You will be required to pay for the goods or services to the Fitting Centre at time of fitting.
9. Delivery charges
The products and services booked through the site are advertised at a fully fitted price for fitting at the Fitting Centre. There are no additional delivery charges.
The Fitting Centre reserves the right to cancel the booking if:
10.1 There is insufficient stock to deliver the goods you have booked.
10.2 One or more of the goods you booked was listed at an incorrect price.
If your booking is cancelled the Fitting 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 fitting centre by phone.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer 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.
13. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
14. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.
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.
17. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.