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“Conditions” means these terms and conditions;
“Online Sales” means sales of Goods and Services conducted through the Website;
“Goods” means the tyres (including any fitting of the tyres or any parts for them), batteries or services which Utyre is to supply in accordance with these Conditions;
“Customer” means the person whose offer for the Goods is accepted by Utyre;
“Services” means services displayed for sale on the Website;
“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” means Utyre (Pty) Ltd;
“Website” means the website located at www.Utyre.co.za or any subsequent URL which may replace it;
“You/your” means a user of the Website;
“Utyre” Utyre (Pty) Ltd;
“Franchisee” means an authorised Utyre franchise
1. INFORMATION ABOUT US
This website is operated by Utyre (Pty) Ltd and the Goods you purchase will be supplied by Utyre (Pty) Ltd or one of its Franchisees or agents. We are registered in the republic of South Africa With (Pty) Ltd, Registration number: 2012/131326/07
You can contact us by e-mail at firstname.lastname@example.org or by Telephone 021 427 9003.
2. YOUR PERSONAL INFORMATION
You may place an order to purchase Goods advertised for sale on this website by following the on screen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Order and Pay’ button.
If you submit an order for goods via this website by clicking the ‘Order and Pay’ button your order is an offer to us to buy the goods you have ordered on this site.
We will acknowledge receipt of your order by sending you an automatically generated email acknowledging your order. This is only an acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate e-mail.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
The Customer shall be responsible to Utyre for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer, and for giving Utyre any necessary information relating to the Goods within a sufficient time to enable Utyre to perform the Contract in accordance with its terms. Utyre shall incur no liability resulting from inaccurate information being supplied by the Customer. If in doubt please call our customer contact centre who will be able to advise you.
The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Confirmation.
Utyre reserves the right to change the Goods or any relative specifications (whether such specifications have been submitted by the Customer in the Customer’s order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of Utyre.
4. PRICE AND DELIVERY COSTS
Information displayed on this website relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavors to contact you and ask you whether you wish to continue with the order at the correct price, or to provide an alternative. If we are unable to contact you or you do not wish to continue with the order at the correct price, or to accept an alternative, we will cancel your order and refund the price you have paid.
Unless stated otherwise, all prices include VAT (where applicable).
5. AVAILABILITY AND DELIVERY
Information displayed on this website relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this website. All orders are subject to availability at all times.
We deliver within Territory of Cape Town City only. The Utyre network currently covers approximately 75% of most densely populated areas of Territory of Cape Town City.
We will deliver the Goods ordered by you to the address you give us when you make your order on this website, or such other address as shall be approved by Utyre in advance. Delivery will be made when the Goods are fitted to the Customer’s vehicle.
We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
We are also not responsible for any delay caused by the unavailability of someone to take delivery of the Goods.
Fitment does not include Alignment.
6. PUNCTURE REPAIRS
Tyres will be repaired to AA and SABS standards which involves removing the tyre from the wheel in order for a full inspection to 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 Customer to have a replacement tyre available in case the punctured tyre is found to be damaged beyond the scope of AA and SABS standards. In order to do this the Customer will pay in full for a replacement tyre. The price paid will be Utyre’s current list price at the date of the repair. If a repair can’t be executed, the full cost of the tyre will be refunded by Utyre to the Customer.
7. SPECIAL TYRE FITMENTS
Some vehicle manufacturers make recommendations about tyre replacement on certain models. This information is generally published in the owner’s operating manual but as it is not promulgated to tyre retailers, Utyre (Pty) Ltd cannot accept responsibility for non-compliance.
Valve shall mean a new rubber valve of standard specification and of an appropriate length to match the one that it is replacing. High pressure rubber valves will be used to replace those of similar specification. Bolt in metal valves will not be replaced but the valve cores will be replaced at the discretion of Utyre.
We must receive payment in advance before your order can be processed and the Goods can be dispatched, unless we have agreed otherwise in advance in writing. Payment for Goods can be made by one of the following payment methods:
Credit card (your credit card will be charged following the submission of your order)
Cash on delivery
10. RIGHT TO CANCEL
You have the right to cancel your order without having to give a reason at any time before the arranged fitting date and to receive a full refund (or where the goods have not been paid for, full credit).
To exercise your right to cancel, you must inform us of your decision to cancel by phone, mail or e-mail using the contact details set out above.
Orders placed for winter tyres are subject to a restocking fee.
You will not have any right to cancel an order after the goods have been fitted to your vehicle.
11. REFUNDS POLICY
Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled) less any collection or return charges (if any). We will pay the refund within 14 days after the day you notified us to cancel your order. We will refund you using the same means of payment as you used to pay for your order.
11.1 MANUFACTURING DEFECT
In the event of a complaint concerning a suspected manufacturing defect, the Customer will pay in full for replacement Goods which Utyre will fit. Utyre will then return the Goods that are suspected of being defective to the manufacturer for inspection. If the manufacturer confirms that the Goods are 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 Customer has derived from the Goods. The decision of the manufacturer will be final.
12. CANCELLATION BY US
We reserve the right to cancel the contract between us if, for example:
We have insufficient stock to deliver the goods you have ordered;
We do not deliver to your area; or
One or more of the goods you ordered was listed at an incorrect price.
If we do cancel your contract, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.
13. TITLE AND RISK
Risk in the Goods shall pass to the Customer as soon as the Goods are delivered or fitted to any vehicle owned by the Customer or the Customer’s Customer or client or to a place specified by the Customer. Property in or title to the Goods shall remain vested in Utyre until the Goods have been paid for in full and that payment is received by Utyre. Until title passes to the Customer, all Goods shall be held by the Customer as bailee of Utyre and shall be stored separately from any other Goods and identified as the property of Utyre. Where tyres or batteries have been fitted to a vehicle, they must not be removed from that vehicle without the written consent of Utyre and the vehicle must not be sold or disposed of without the written consent of Utyre prior to payment being received by Utyre.
13.1 RIGHT to REPOSESS
In the event of non-payment or the appointment of a Receiver or Administrator over the whole or part of the Customer’s assets, Utyre may remove the Goods. Where the Goods are tyres or batteries upon the said removal of the tyres or batteries by Utyre, a charge will be made by Utyre for the amount of tread or battery life used and for the fitting/removal costs involved. The Customer agrees that in the event of Utyre requiring to repossess the tyres or batteries, Utyre will not be responsible for re-fitting the original tyres or batteries which by then may have been disposed of.
13.2 RIGHT TO DISPOSE
Unless otherwise agreed in writing, Utyre will remove all worn casings, old batteries and any other used items which have been replaced by new Goods and they will be disposed of at the discretion of Utyre.
To the extent not prohibited by law, we accept no liability for any:
– loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
– loss which arises when we are not at fault or in breach of these Terms and Conditions; and
– business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer protection act http://www.gov.za/sites/www.gov.za/files/32186_467_0.pdf ; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation that may not by applicable law be excluded or limited.
15. EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitations, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforce-ability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
We may update, vary and amend these Terms and Conditions from time to time without prior notice, Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this Website). Please check this website to ensure that you understand which Terms and Conditions apply.