Online Booking Terms and Conditions
- Contracting Party
- How To Contact Us
- Order Acceptance (Online Ordering)
- Movement of Online Bookings
- Specification of Products and Services
- Ownership of Products
- Removal of Parts
- Suspension of Work
- Liability for Damage to Products
- Liability for Structural Defects
- Our Responsibility for Death or Personal Injury
- Our Other Responsibilities to You
- Allowing Us the Opportunity to Put Things Right
- Termination due to Delay
- Contract Termination
- How to End Your Contract
- Cancellations and Refunds
- Data Protection
- Third Party Rights
- Variations to these Terms and Conditions
- Entire Agreement
- Governing Law & Jurisdiction
TMS Kia Hinckley TERMS AND CONDITIONS OF SALE
Products and services (the ‘Products and Services’) are supplied by us subject to the following terms and conditions and it is important that you read these before contracting with us so that you understand your rights and obligations.
1. Contracting Party
By placing an order ('Order') you will be entering into a legally binding contract with TMS Kia Hinckley (company registration number 5693106 ; VAT number 881669084), whose registered office address is ('TMS Kia Hinckley' 'We' 'Us', 'Our') for the supply the Products and Services.
2. How To Contact Us
a) e-mail at firstname.lastname@example.org
b) call Customer Service on 01455 899508
c) write to us at: TMS Kia Hinckley, Coventry Road, Hinckley, , LE10 0NF
3. Order Acceptance (Online Ordering)
a) Acceptance of your Order will take place when We e-mail you to accept it, at which point a contract will come into existence between you and Us.
b) If We are unable to accept your Order, We will contact you via the information you provided when placing your order and will not charge you for the Products. This might be because the Product you have ordered is out of stock or because of unexpected limits on Our resources.
c) We retain the right to refuse to accept your Order solely at Our discretion. If there is concern that there is an attempt to place an Order dishonestly, fraudulently, by impersonating someone else or by attempting to use payment details which have been stolen, We will make additional checks and if appropriate involve external authorities.
The fitting of tyres or wheels to your vehicle will be subject to a visual inspection of your vehicle, wheels and tyres prior to the work starting. This ensures you have selected the correct tyre and wheel specifications for your vehicle.
4. Movement of Online Bookings
a) Appointments can be rescheduled to an alternative date (subject to availability at the discretion of the Retailer) provided one clear working day is allowed between rescheduling and the original appointment (e.g. appointments for Thursday can be rescheduled up to midnight on Tuesday).
a) Website purchases of Products and Services may only be made by residents of, and/or individuals, located in the United Kingdom
b) All Services ordered or booked on the website are carried out at one of Our centres in the UK.
a) Products may vary slightly from their online pictures. The images of the Products on Our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, your Product may vary slightly from those images.
b) Customers ordering tyres online for fitment, should verify the tyre size and specification currently fitted to their vehicle before placing their online order for tyres with Us. If incorrect tyres are ordered on Our website by you, We will assist you in sourcing the correct tyres and re-schedule the fitting appointment.
7. Specification of Products and Services
a) All Products supplied will correspond with any specification provided by Us and be of satisfactory quality and fit for purpose. We may, after the date of the contract, make reasonable changes to the specification of any Products or Services where that is required to ensure compliance with any applicable law or code of practice and/or where those changes do not result in any reduction to the standard, quality or performance of the Products or Services in question or otherwise place you at any disadvantage.
b) All Services will be performed by Us using all reasonable skill, care and diligence.
a) The price of the Products and/or Services is for retail customers only, inclusive of VAT and will be the pounds sterling price stated on your Order. Unless explicitly stated, the cost of fitting any Products purchased is included in the price.
b) Our website contains a large number of Products and Services and it is always possible that, despite Our best efforts, some of the Products and/or Services listed on this website are incorrectly priced. We verify the prices included in your Order to Us as part of Our processing procedures so that, where Products and/or Services are incorrectly priced We may, at Our discretion, either contact you for your instructions in relation to your Order or reject your Order and notify you of such rejection.
c) We reserve the right, before the relevant contract is formed in accordance with these terms and conditions, to change the price of the Products and Services.
d) We shall be entitled to adjust the price payable by you to reflect any changes which are made to the rate of VAT between the point of Order and the completion of the work.
a) All quotations are valid for 7 days from the date of issue, unless they include a specific promotional offer which has an earlier expiry date. The expiry date of promotional offers will be clearly marked.
b) Once Services have started you will be informed immediately of any additional work identified. A new printed quotation will be produced on request and additional work will only be carried out with your agreement.
a) For Products and Services ordered using Our website, payment will be taken when you place an Order. Alternatively where pay in store is available, you will be required to pay on completion of work
b) For additional work undertaken for online customers, payment in full is required on completion of the work and prior to removal of the vehicle.
11. Ownership of Products
a) All Products supplied remain Our property until paid for by you in full although this retention of ownership will not affect any claim which We may have against you for the payment of any overdue amount.
12. Removal of Parts
a) With the exception of warranty and service exchange parts, removed parts will be disposed by Us. Disposal will be in accordance with current environmental regulations and legislative requirements. A fee may be charged for this service.
13. Suspension of Work
a) If We suspend or delay the supply of any Products and/or the performance of any Services at your request or as a direct result of any breach by you of your obligations under this contract (for example, in the case of a mobile service, where you have failed to provide the correct address details, or you are not present at the address listed and at the time specified within the Order) then in addition to the original price payable by you, We reserve the right to charge you a reasonable additional amount to cover any unavoidable, or irrecoverable costs and/or expenses incurred by Us as a direct result of its suspension or delay in those circumstances.
14. Liability for Damage to Products
a) Once any Products have been supplied you will become liable for any loss or damage to those Products unless such loss or damage was caused by Us.
15. Liability for Structural Defects
a) We will not be liable for any damage to your vehicle which is caused as a direct result of structural defects or weaknesses unless that damage is caused as a direct result of a breach of Our obligations in this contract.
16. Our Responsibility for Death or Personal Injury
a) We accept full responsibility for any death or personal injury which may be caused: as a result of Our negligence; by any breach of its obligations under this contract; and/or as a result of any other act or omission on Our part and none of the limitations on Our liability set out in this contract will apply to claims for death or personal injury for which We are responsible.
17. Our other Responsibilities to You
a) If We breach any of Our obligations owed to you then We accept responsibility for any loss or damage which you may suffer as a direct result of Our breach and which was reasonably foreseeable on the date of the Order.
b) We do not though accept any responsibility for loss or damage which is not caused as a direct result of a breach by Us of Our obligations (including liability for any loss of earnings) or which was not reasonably foreseeable on the date of the Order.
c) We do not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under this contract and/or due to circumstances beyond Our reasonable control.
a) We are under a legal duty to supply Products and Services that are in conformity with the contract. If you have a complaint and/or are not satisfied with the Products or Services you have been supplied with, please contact Our Customer Service department using the contact details provided above in clause 2.
b) If, having contacted Our Customer Service department you are still not satisfied with the Products or Services received from Us, please ask Our Customer Service department for details of the Alternative Dispute Resolution Scheme that We participate in.
19. Allowing Us the Opportunity to Put Things Right
a) If you suffer any loss or damage for which We are responsible then you must afford Us a reasonable opportunity to remedy the problem and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of Our breach of contract.
b) We will not be responsible for any loss or damage if you fail to afford Us a reasonable opportunity to put it right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.
20. Termination Due to Delay
a) You have the right to terminate your contract without reason and at no cost at any time before actual supply of the Products and/or performance of the Services and during a limited period following supply and/or performance - the cancellation terms are listed in clause 26 and set out full details of these rights and how you can exercise them.
b) If We fail to supply the Products and/or complete the performance of the Services by any dates agreed with you then, provided that the delay is not as a direct result of any breach by you of any of your obligations under this contract (such as you failing to allow Us access to your vehicle, in the case of a mobile service booking) and/or due to circumstances beyond Our reasonable control, you may request in writing that We complete all supply of Products and/or performance of Services within a further reasonable time period. If We then fail to complete all supply of Products and performance of Services within the reasonable time period specified by you, you will then have the option to terminate this contract due to Our breach.
21. Contract Termination
a) Unless terminated earlier in accordance with its provisions, this contract will automatically terminate 12 months from the date of the online order being placed.
b) Any termination of this contract will not affect any claim, cause of action or liability which may have arisen before the date of termination.
22. How To End Your Contract
a) Phone or email. Call customer services on using the details provided in Clause 2. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
23. Cancellations and Refunds
a) For Services: you can cancel this contract during a "cooling-off period" of up to 14 days after the day on which We accept your Order.
b) For Products: you can cancel this contract during a "cooling-off period" of up to 14 days after the day on which the Products have been supplied.
c) By entering into this contract, you agree that We can on your request start work before your cooling-off period ends in which case you may lose the right to cancel.
d) If you decide to cancel this contract after We have started the supply of Products and Services to you We reserve the right to charge you for any Products or Services supplied.
e) We will refund you the price you paid for the Products including any applicable costs (including but not limited to necessary delivery and handling costs), by the method you used for payment.
a) All trademarks, service marks, and trade names that appear on this website are proprietary of TMS Kia Hinckley, companies within its group, or other respective owners. Trademarks should not be copied without Our prior written permission.
25. Data Protection
26. Third Party Rights
a) Only you and Us shall be entitled to enforce this contract. No third party shall be entitled to enforce any of the terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
a) If a court finds part of this contract illegal, the rest will still continue in force.
b) Each of the paragraphs of these terms operates separately.
c) If any court or relevant authority decides that any of the terms or paragraphs are unlawful, the remaining terms and paragraphs will remain in full force and effect.
a) We may assign or sub-contract some or all of Our rights and obligations under this contract from time to time but any such assignment or sub-contracting will only be in circumstances which do not prejudice your rights under this contract.
29. Variations to these Terms & Conditions
a) Other than in the limited circumstances detailed in these terms and conditions where We may make certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between you and Us in writing.
30. Entire Agreement
a) These Terms and Conditions, together with any documents referred to or incorporated into it constitute the entire agreement between you and Us and supersede all prior communications and proposals.
31. Governing Law & Jurisdiction
a) These terms are governed by English law and you can bring legal proceedings in respect of the Products and Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products and Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products and Services in either the Northern Irish or the English courts.