Untitled Document

TYRESALES RETAIL CUSTOMER TERMS AND CONDITIONS

  1. What is the effect of this Agreement?
    This Agreement applies to the supply and fitting of tyres (Goods) and the fulfilment of orders (Orders) by Tyresales to You.
  2. Additional terms and conditions
    1. These terms and conditions are supplemental to and should be read in conjunction with Tyresales' general terms and conditions, which are available here.
    2. To the extent of any inconsistency between these terms and conditions and Tyresales' general terms and conditions, the provisions of these terms and conditions prevail.

  3. Placing Your Order
    1. By placing an Order using the website, You warrant that You are 18 years of age or older.
    2. You may offer to purchase Goods described on this website for the price specified on this website. To make an offer to purchase Goods, You must complete and submit the online order form (Order Form) and make Your payment in accordance with clause 7. Note that prices may be subject to change.
    3. Within two business days of receipt of Your Order, Tyresales will at its discretion accept or reject Your offer to purchase by sending You a confirmation email to the email address specified on Your Order Form. If Your offer to purchase Goods is not responded to within two business days, Your offer will be deemed to be rejected. Tyresales is not required to give reasons for rejecting Your offer. Subject to clause 3.5, if Tyresales rejects Your offer for any reason, neither You nor Tyresales will be under any further obligation to the other arising out of Your original offer or Tyresales' non-acceptance of that offer.
    4. Provided You have otherwise complied with these terms and conditions, in the event that Tyresales rejects Your offer to purchase after You have made a payment in accordance with clause 7, Tyresales will as soon as practicable issue You with a refund for the amount in question.

  4. What you must do
    1. You must:
      1. comply with the terms and conditions set out in this Agreement;
      2. provide all information for Your Order in the form required by Tyresales from time to time; and
      3. comply with all applicable laws in relation to this Agreement.

  5. Delivery and Fitting of Goods
    1. The following terms and conditions will apply to the delivery and fitting of the Goods:
      1. Tyresales uses authorised third parties to fit the Goods on behalf of Tyresales (Authorised Fitter). In completing Your Order Form, if you have selected fitting by Tyresales, You will nominate:
        1. the area in which you would like the Goods to be fitted by nominating the postcode for the relevant area;
        2. the preferred date and time on which you would like the Goods to be fitted (Appointment).
      2. Within 2 business days after You receive a confirmation email from Tyresales informing you of Delivery completion of the tyres, an Authorised Fitter will contact You, using the contact details provided in Your Order Form, to confirm the Appointment. The Appointment may be rescheduled, at the insistence of either You or the Authorised Fitter, to an agreed alternative date and time, not less than one clear business day prior to the Appointment.
      3. Tyresales cannot guarantee that the Authorised Fitter will be able to fit the Goods at the date and time specified in Your Order or that the Authorised Fitter will be located in the area specified by You in accordance with the provisions of clause 5.1. Tyresales is not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of a change to the Appointment.
      4. If You fail to attend the premises of the Authorised Fitter for the Appointment, You must contact the Authorised Fitter to arrange an agreed alternative date and time. You may be required to pay a fee in relation to Your failure to attend the premises of the Authorised Fitter for the Appointment.
      5. You should verify that the Goods are the correct specification and suitable for use on Your vehicle prior to placing Your Order. Before fitting the Goods, the Authorised Fitter will conduct a brief visual inspection of Your vehicle to ensure that the Goods are the correct specification for Your vehicle. In the event that the Goods are not the correct specification for Your vehicle:
        1. the Authorised Fitter will offer to fit alternative Goods to Your vehicle;
        2. if you accept that offer and the alternative Goods are more expensive than the Goods You originally ordered, You will be required to pay the difference in the cost of the alternative Goods as against the Goods You originally ordered; and
        3. if the alternative Goods are not available at the time of Your Appointment, You will be required to arrange an agreed alternative date and time at which the Goods can be fitted.
      6. Tyresales is not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of any delay in the fitting of the Goods caused by You ordering Goods that are not the correct specification for Your vehicle.
      7. Tyresales is not liable with respect to the timing required by the Authorised Fitter to fit the goods to Your vehicle. The timing should be confirmed by You with the Authorised Fitter and should not exceed 1  business day.
      8. Tyresales fitting and balancing of tyres deemed to be 'car tyres' does not apply to the following vehicle types: Motorhomes, Large Caravans, Light Trucks, Larger Commercial Vehicles. You will be required to notify Tyresales in advance of your tyre delivery if you require fitting and balancing onto these vehicle types.  
      9. You are responsible for ensuring the Lock Nut key for your vehicle is provided to the Authorised Fitter to enable safe removal and application of the tyres.

    2. The following terms and conditions apply to the delivery of the Goods:
      1. Tyresales uses third party delivery agents to deliver the Goods.
      2. Tyresales will use its reasonable endeavours to ensure delivery of the Goods to the Authorised Fitter prior to the Appointment. However, Tyresales cannot guarantee that the Goods will be delivered to the Authorised Fitter prior to the Appointment. Tyresales is not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of a delay in delivery of the Goods to the Authorised Fitter.
      3. In the event that the Goods have not been delivered to the Authorised Fitter prior to the Appointment, the Authorised Fitter will contact You to arrange an agreed alternative Appointment.
      4. In the case of delivery to You directly, Tyresales will use its reasonable endeavours to ensure delivery of the Goods by the Estimated Time of Arrival (ETA). However, the ETA is provided by the third party agent, and Tyresales cannot guarantee that the Goods will be delivered to You by the ETA. Tyresales is not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of a delay in delivery of the Goods to You.
      5. In the case of delivery to You directly, You must be available at the time of delivery of the Goods to accept the Goods and provide signature acceptance. If you are not available at the time of delivery the Goods will be returned to the nearest freight depot, where You will be required to pick them up. You may organise a redelivery with the freight company at a cost at your own expense.
      6. In the case of delivery to You directly, if You live in a remote/regional area, delivery may not be possible to Your location. In this instance You may be required to pick the Goods up from the nearest freight depot.
      7. If You have ordered the incorrect tyres and did not notify Tyresales before dispatch, You will be responsible for the returning freight costs to send the Goods back to Tyresales. The cost will be provided to You by Tyresales, and Tyresales will organise the return freight. The Goods must be returned within 30 days of purchase date.

  6. Wheel Alignments
    1. Tyresales offers wheel alignments as an Optional Extra to your order at time of checkout. The following terms and conditions will apply to the Wheel Alignment:
      1. Tyresales uses the Authorised Fitter to perform wheel alignments at the time of fitment Appointment.
      2. The wheel alignment offered is a Standard Alignment and can only be performed on Standard Vehicles. Excluded vehicles are: all European vehicle makes, luxury vehicles, classic vehicles, modified vehicles, performance vehicles, racing vehicles.
      3. If your vehicle requires more than a Standard Alignment, the Fitment Centre must notify us and a refund of the wheel alignment will be provided, if the customer has paid for one. We do not source an alternative wheel alignment for the customer.
      4. In the event that the Fitment Centre is unable to perform the Complimentary Wheel Alignments, the Complimentary Wheel Alignments are not redeemable for cash value and We do not source an alternative wheel alignment for the customer.

  7. Availability, delivery and title to Goods
    1. Tyresales gives no undertaking as to the availability of Goods advertised on this website.
    2. Delivery of the Goods to You will be effected upon delivery of the Goods to the Authorised Fitter and the fitting of those Goods to Your vehicle.
    3. Risk of loss or damage to the Goods passes to you upon the fitting of those Goods to Your vehicle.
    4. Delivery and fitting of the Goods is undertaken by third parties and Tyresales will not be responsible for any delay in delivery of the Goods or the fitting of those Goods to Your vehicle. 
    5. Title in the goods does not pass to you until payment has been received in full in accordance with clause 7 and the Goods have been fitted to Your vehicle.

  8. Payment
    1. You must pay the Fee for the Goods set out in Order Form at the time you make Your offer to purchase the Goods from Tyresales by submitting Your completed Order Form.
    2. The Fee is inclusive of GST. Unless expressly stated otherwise, the Fee includes the costs of delivery of the Goods and the costs of fitting the Goods to Your vehicle. In all other respects, the Fee is exclusive of taxes, duties and charges imposed or levied in connection with the supply and fitting of the Goods. Following Your payment, You will receive a tax invoice by email to the email address specified on Your Order Form.
    3. The Fee is payable despite the termination of this Agreement or any inability on the part of Tyresales to deliver or fit the Goods which is caused by You.

  9. Cancellation and withdrawal of Orders
    1. Without prejudice to any right which you may have at law, once You have placed an Order, it cannot be cancelled. Therefore You should carefully check that Your Order is accurate before You submit it to Tyresales.  

  10. Cancellation due to error
    1. You acknowledge that, despite Tyresales' reasonable precautions, goods and services may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. Tyresales reserves the right to cancel the transaction, notwithstanding that Your Order has been confirmed and/or Your payment has been received. Tyresales reserves this right up until the time the Goods are fitted to Your vehicle. If a cancellation of this nature occurs after Your payment for the purchase has been received, Tyresales will as soon as practicable issue a refund to You for the amount in question.

  11. Termination
    1. Tyresales may terminate this Agreement by immediate written notice to You if:
      1. You fail to pay any Fee under this Agreement by the due date for payment;
      2. You breach any provision of this Agreement that is not capable of remedy;
      3. You have breached a term of Tyresales’ general terms and conditions;
      4. You breach any provision of this Agreement that is capable of being remedied and you fail to remedy that breach within 7 days of being given notice of the breach by Tyresales; or
      5. You are the subject of, in the case of a company, any insolvency proceedings or in the case of an individual, any bankruptcy proceedings.

  12. No reliance
    Whilst Tyresales has no reason to believe that any information contained on this website is inaccurate, Tyresales does not warrant the accuracy, adequacy or completeness of such information, nor does Tyresales undertake to keep this website updated. To the maximum extent permitted by law, Tyresales does not accept responsibility for any loss, damage, cost, expense or injury You or any third party suffers as a result of reliance by You upon the accuracy or currency of information contained on this website.

  13. Tyresales' Return Policy
    1. Tyres may be returned only if they have not been fitted to a vehicle.
    2. Tyres may be returned only if they have not been driven on.
    3. Tyres may be returned within 30 days of the purchase date, returns will not be accepted after this time.
    4. You will be responsible for all freight costs, unless otherwise stipulated by Tyresales.
    5. Tyresales will be responsible for the freight, courier and delivery of the return tyres - You may not organise your own freight.
    6. You will be refunded the total amount of your order minus any costs associated with freight to return the Goods.
    7. Your refund will be processed immediately upon receipt of the Goods back to Tyresales.
    8. If You have ordered the incorrect tyres and did not notify Tyresales before dispatch, You will be responsible for the all freight costs to send the Goods back to Tyresales. The cost will be provided to You by Tyresales, and Tyresales will organise the return freight. The Goods must be returned within 30 days of purchase date.

  14. Tyresales' Warranty
    1. Where Tyresales provides additional warranties over and above those which Tyresales is deemed to give by law in respect of goods and services, those warranties are detailed here.
    2. A document delivered to You in the manner described in clause 12.1 will describe all of the warranties given and remedies available with respect to the goods and services.  To the maximum extent permitted by law and save as set out in such a document, Tyresales:
      1. disclaims any other warranty (whether express or implied) in relation to the goods and / or services; and
      2. will not be liable for any loss or damage (including costs, loss of time, inconvenience and commercial losses) however caused, whether direct, indirect or consequential, incurred or suffered by You or any third party in respect of the goods and / or services.

  15. You indemnify Tyresales
    1. You indemnify Tyresales, its related bodies corporate and each of their directors, officers, employees against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and / or demands) which may be instituted against Tyresales arising out of:
      1. a breach of this Agreement by You (including a breach of any representation or warranty contained in this Agreement); and
      2. any wilful, unlawful or negligent act or omission by You.
    2. The indemnities contained in this clause survive termination of this Agreement.

  16. Privacy
    1. To read how Tyresales collects, uses and discloses Your personal information, click here.
    2. In completing the Order Form You consent to the provision of the details of Your Order to the Authorised Fitter and any third party delivery agent engaged by Tyresales to deliver the Goods to the Authorised Fitter. You also consent to the Authorised Fitter contacting You for the purposes of arranging an Appointment.
    3. Please be aware that as a purchaser through the Tyresales website, You may receive correspondence regarding Your use of the website, including the status of Your Order(s) or any other services provided to You. This may include confirmation of the receipt of Your Order(s) and notification of changes to the status of Your Order(s). You will also be notified of changes to tyresales.com.au or associated websites that may have a direct effect on the use of the website. This correspondence forms part of this service and is necessary for the management of Your use of the website. If You do not wish to receive this correspondence, please do not place any Order(s).

  17. Governing law
    This Agreement is governed by and construed in accordance with the laws in the State of Western Australia and You irrevocably submit to the exclusive jurisdiction of the courts in that State.

  18. Entire Agreement
    These terms and conditions, the Order, Tyresales' general terms and conditions, and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law.

  19. General
    1. Tyresales may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this website. You should regularly check these terms and conditions displayed on this website.
    2. All rights not expressly granted are reserved.
    3. If any provision of this Agreement is invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will continue to apply.
    4. Any delay or failure by Tyresales to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice Tyresales' rights in any way. No waiver by Tyresales will be effective unless it is in writing and signed by or on behalf of Tyresales.
  20. The supply of any Goods is strictly on the condition that the Goods are not used, resupplied, on-sold or transferred, directly or indirectly, in breach of any sanctions or law anywhere in the world. This condition does not apply to any Goods that are export sanctioned goods which are supplied, sold or transferred with appropriate sanctions permit.