Terms of Service | Arnold Clark Tyres

Terms of Service

This website www.arnoldclarktyres.com is operated by Arnold Clark Automobiles Limited, a company registered in Scotland, company number SC036386, registered office at Arnold Clark, 454 Hillington Road, Glasgow G52 4FH, VAT Registration No. GB 334331879. Arnold Clark Automobiles Limited trades as Arnold Clark Tyres.

Definitions

"Goods" means any tyres or other goods displayed for sale on and sold through the Website

"Online Sales" means sales of Goods and Services conducted through the Website

"Services" means the use of the Website and any services displayed for sale on the Website

"Terms" means these terms and conditions

"Users" means the users of the Website collectively

"User Information" means the details provided by you on any application to buy Goods or Services from us via the Website

"We/us/our/Arnold Clark Tyres" means Arnold Clark Automobiles Limited

"Website" means the website located at www.arnoldclarktyres.com or any subsequent URL which may replace it

"You/your" means a user of the Website

Terms of Use

  1. Terms of Use of the Website

    1. By using the Website you agree to be bound by these Terms.
    2. We reserve the right to update and amend 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.
    3. While every effort is made to ensure continued access to the Website we shall not be liable to you for any loss of access or interruption of your use of the Website. In the event that it is necessary for us to withdraw your access to the Website in order to carry out essential maintenance then we will make reasonable steps to ensure that you are made aware of this when attempting to access the Website.
    4. Any complaints should be directed to our Tyre Administrator at tyre.enquiries@arnoldclark.com. If you experience a fault on the Website please report it by emailing tyre.enquiries@arnoldclark.com.
    5. We reserve the right to 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.
    6. Our Website uses cookies in order to improve your user experience by enabling it to ‘remember’ you, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (using a ‘persistent 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. 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 this Website. If you carry on using the Website and do not change your browser settings we will assume you consent to us using cookies as described above.
    7. We are fully committed to compliance with the requirements of the Data Protection Act 1998. Our data protection policy sets out our commitment to protecting personal data and how we implement that commitment with regards to the collection and use of personal data. Please email our Tyre Administrator at tyre.enquiries@arnoldclark.com for a copy of this policy or click here.
    8. The use of this Website and any contract formed through or on the basis of information provided through the Website shall be subject to Scots Law and any dispute arising from such use or relating to such a contract shall be heard exclusively by the courts of Scotland.
  2. Compliance

    1. 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.
  3. 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.

  4. 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.

  5. Severance

    If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

  6. Registration

    1. By registering with Arnold Clark Tyres, you agree that:

      1. the information you provide is true and accurate;
      2. you are not impersonating any other person or entity or creating multiple or false accounts;
      3. you will notify us immediately of any changes to your personal information by e-mailing our Tyre Administrator at tyre.enquiries@arnoldclark.com and;
      4. the products purchased on the Website are for private use and are not for re-sale.
    2. If you breach these, or any of our other Terms, we reserve the right to close your account. If we do so, we may close all accounts you have open in your name.
  7. Orders

    1. Under Scots Law, in order to be eligible to purchase Goods and lawfully enter into and form contracts on this Website you must:

      1. be 18 years of age or over;
      2. have the requisite authority if you are ordering on behalf of a corporate entity;
      3. stipulate a delivery address within Europe and;
      4. register your real name or company name, your address, telephone number, e-mail address and any other details indicated on the Website as being required.
    2. 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 (including 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.
    3. 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. Your order is accepted when we confirm the booking. The Services will be deemed complete when we inform you of the same.
    4. 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.
    5. 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. Such Goods and Services will be provided on the understanding that you have read and agree such additional terms, you should therefore read them carefully. Any additional terms will be communicated to you by us.
    6. 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.
    7. The Website operates based on information provided to us by you. 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.
  8. Products

    1. We rely on the details supplied by you and the tyres specification provided by you to supply you with correct product.
    2. The Website is intended for use within the United Kingdom only. We make no representation that any product or Service referred to is appropriate for use, or available, outside of the United Kingdom or that any product complies with any laws other than the laws of Scotland.
  9. Customer Right to Cancel

    1. If you are a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a legal right to cancel the agreement within 14 days from the day on which the agreement was entered (“Cancellation Period”). For the purposes of this agreement a consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. If you intend to cancel this agreement during the Cancellation Period, you can notify us of your decision and receive a refund. If required, you can also obtain legal advice on rights to cancel this agreement from a local Trading Standards Office or Citizens Advice Bureau.
    2. If you wish to cancel the agreement in exercise of the rights under Clause 8.1 above you can do so by completing the cancellation form which is attached. Upon receipt of the cancellation form we will email you confirmation of its receipt. You can also cancel by emailing our Tyre Administrator at tyre.enquiries@arnoldclark.com or by post to Tyre Administrator, Arnold Clark Tyres, Arnold Clark Business Centre, 64 Kirkintilloch Road, Bishopbriggs, Glasgow G64 2AL. Cancellation by email or in writing is effective from the date you send the email or post the letter to us. If you cancel by email or in writing please quote the job card reference number.
    3. If you decide to cancel the agreement in accordance with Clauses 8.1 and 8.2 above we will refund the price paid without undue delay and in any event no later than 14 days after our receipt of a properly served cancellation form, email or written notice from you. Refunds will be made to you on the credit or debit card used to pay.
    4. In the event that you enter an agreement for Services to be performed within 14 days of entering the agreement you hereby acknowledge that by entering this agreement you expressly agree to the delivery of the Services within the Cancellation Period and acknowledge that you have no right to cancellation after the delivery date has passed and the Services undertaken. In the event that you do cancel the booking prior to the delivery date then we may deduct an amount from the price representing any reasonable costs expended by us in respect of the Services.
  10. Prices and Payment

    1. We do not take payment for the Goods ordered online. Payment will be taken at the time of delivery by 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.
    3. Payment can be made by cash or all major credit or debit cards. However, most fitting outlets do not accept American Express. Payment will be made to your selected tyres fitting outlet at the time of fitting. You may be asked to confirm that the credit or debit card that is being used is yours.
    4. 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.
  11. Statutory Rights

    1. Your statutory rights are not affected.
  12. Goods

    1. We have a legal duty to supply Goods which are in confirmity with this agreement.
  13. Dispute Resolution

    1. In the event of a complaint or dispute of any kind our complaints handling procedure is available from us on request by contacting customer services:
      Tel: 0141 305 3201
      Email: customer.services@arnoldclark.com
      Website: arnoldclark.com/customer-services
      Address: 43 Allison Street, Glasgow, G42 8NJ
      Twitter: @ACHelpTeam
    2. We are available
      Mon-Fri 08:30 - 20:00
      Sat 09:00 - 17:00
      Sun 12:00 - 17:00
    3. If you are not satisfied with the final response from the Head of Customer Services then Alternate Dispute Resolution (“ADR”) is available to you as a customer of Arnold Clark. ADR is a process that enables disputes between a consumer and a business to be settled via an independent mechanism outside the court system. ADR is available to customers of Arnold Clark through:-
      The National Conciliation Service
      2-3 Allerron Road
      Rugby
      CV23 0PA
      Telephone: 01788 538317
      Website: www.nationalconciliationservice.co.uk