TERMS & CONDITIONS
THE VENDOR ACCEPTS THE ORDER OF THE PURCHASER ONLY ON THE EXPRESS CONDITION THAT THE PURCHASER AGREES TO THE TERMS & CONDITIONS CONTAINED HEREUNDER AND THE ACCEPTANCE AND RECEIPT OF THE GOODS DELIVERED AS PROVIDED HEREUNDER SHALL CONSTITUTE SUCH AGREEMENT TO THESE TERMS & CONDITIONS.
- GENERAL CONDITIONS
- THE VENDOR SHALL SELL AND THE PURCHASER SHALL PURCHASE THE GOODS SUBJECT TO THESE CONDITIONS, WHICH SHALL GOVERN THE CONTRACT.
- THE PURCHASER ACKNOWLEDGES THAT THE PURCHASER IS NOT RELYING ON THE SKILL AND JUDGMENT OF THE VENDOR IN PURCHASING THE GOODS AND THAT THE VENDOR SHALL NOT BE LIABLE FOR ANY INCOMPATIBILITY OF THE GOODS FOR THE INTENDED PURPOSE OF THE PURCHASER.
- The Purchaser acknowledges that the employees and/or the agents of the Vendor are not authorised to make any representations and/or promises of whatsoever nature with regard to the Goods and that the Purchaser is not relying on any such representations or promises in purchasing Goods from the Vendor other than the representations expressly made in writing by the Vendor.
- Any clerical or other error or omission in any documentation of the Vendor including but not limited to quotations, prices, acceptance of offer, invoices or information issued by the Vendor shall not be binding on the Vendor and shall be subject to correction without any liability on the part of the Vendor.
- The Vendor shall reserve the right to refuse the sale of Goods to the Purchaser without prior explanation.
- These Terms & Conditions may be amended, modified and/or revised by the Vendor at any time without notice to the Purchaser and the Purchaser shall be expected to appraise itself by examining whether any updates have been made to the Terms & Conditions before the Purchaser continues to Order and purchase Goods from the Vendor.
- The Purchaser may send purchase orders to the Vendor or purchase Goods from the website of the Vendor. No purchase order submitted by the Purchaser shall be deemed to be accepted by the Vendor unless and until confirmed by an authorised representative of the Vendor in writing or via the website of the Vendor. Any purchaser initiated by the Purchaser through the website of the Vendor shall be subject to availability.
- The quantity, quality and description of any specification for the Goods shall be those set out in the quotation of the Vendor or in the website of the Vendor.
- The Vendor reserves its right to change and/or modify and/or alter the specification of the Goods, which do not materially affect the quality of the performance of the Goods, in order to ensure conformity with any applicable statutory or European Commission requirements.
- The Purchaser shall not be entitled to cancel any Order which has been accepted by the Vendor provided that the Purchaser shall be entitled to cancel any Order with the consent of the Vendor obtained in writing. In the event of such cancellation the Purchaser shall indemnify the Vendor in full against all loss, damages, costs, charges and other expenses incurred by the Vendor in the pursuit of servicing the Order of the Purchaser and/or as a result of cancellation.
- Delivery of the Goods shall be made by the Vendor delivering Goods to an address provided by the Purchaser and agreed upon by the Vendor. If the Vendor has agreed that the Purchaser can collect the Goods at the premises of the Vendor then the Purchaser may do so at any time after the Vendor has notified the Purchaser that the Goods are ready for collection.
- In the event of the Vendor agreeing to deliver the Goods, the Vendor shall take all reasonable steps to ensure that the Goods are delivered on the date/dates agreed between the parties. The Goods may be delivered by the Vendor in advance of the quoted delivery date upon giving reasonable notice to the Purchaser.
- Notwithstanding anything to the contrary contained herein the Vendor shall not be liable for any delay in delivery of the Goods however caused.
- Where the Goods are to be delivered in several portions each delivery shall constitute a separate contract and failure by the Vendor to deliver any one or more of the portions in accordance with these Conditions shall not entitle the Purchaser the right to repudiate the contracts with regard to other portions.
- If the Vendor fails to deliver the Goods or any portion thereof for a reason other than any reason beyond the control of the Vendor or due to a fault on the part of the Purchaser; the Vendor shall be liable to indemnify the Purchaser, provided that the liability of the Vendor and the Purchaser’s right for indemnity shall be limited to the price of the undelivered Goods.
- In the event of the Purchaser failing to take delivery of the Goods or failing to give the Vendor adequate delivery instructions at the time stated for delivery the Vendor may in its discretion and without prejudice to any other right or remedy available to the Vendor:
- store the Goods until actual delivery and charge the Purchaser for the reasonable cost of storage including any cost of insurance, and/or
- sell the Goods at the best price readily obtainable and credit to the Purchaser the balance sales proceeds after deducting the payment for the said Goods under Contract or charge the Purchaser for any shortfall if the sales proceed does not satisfy the payment due for the said Goods under the Contract.
- The Purchaser shall be obliged to inspect the Goods upon delivery and confirm that the Goods delivered correspond to the Order placed by the Purchaser. In the event of there being any shortages and/or any other form of non-conformity with the Order the Purchaser must inform the same to the representative of the Vendor who delivers the Goods and inform the same to the Vendor in writing within 2 days of from the date of delivery. If no claim has been made within two (2) days from the date of delivery, the delivery is considered to have been accepted by the Purchaser and the Purchaser shall thereafter be disentitled from claiming that there were shortages and/or non-conformity with the Order or rejecting the Goods.
- Fitting of the Goods sold to the Purchaser may be arranged by the Vendor through a third party commissioned by the Vendor on behalf of the Purchaser at an address provided by the Purchaser and agreed upon by the Vendor.
- The Vendor shall not be considered as the fitter of the Goods. The Fitting will be covered by the fitters standard terms of warranty which can be requested by the Purchaser from the fitters.
- The Purchaser shall be entitled to the benefit of any warranty or guarantee as is given by the fitter to the Vendor, ensuring workmanship shall be free from defect for a period specified by the fitter.
- Any time or dates quoted for the fitting of the Goods are approximate only and the Vendor shall not be liable for any delay in fitting of the Goods however caused. The Goods may be fitted by the Vendor in advance of the quoted fitting date upon giving reasonable notice to the Purchaser.
- Where the Goods are to be fitted in instalments each fitting job shall constitute a separate Contract and failure by the Vendor to fit any one or more of the instalments in accordance with these Conditions or any claim by the Purchaser in respect of any one or more instalments shall not entitle the Purchaser to treat the Contracts relating to fitting other instalments as repudiated.
- In the event of the Vendor failing to fit the Goods or any instalment of the Goods for any reason other than any cause beyond the reasonable control of the Vendor or the fault of the Purchaser the Vendor shall be liable to indemnify the Purchaser. Provided the liability of the Purchaser shall be limited to the price charged by the Seller for fitting the unfitted Goods.
- The presence of the Purchaser or an authorized representative of the Purchaser at the site of the fitting shall be mandatory and the failure on the part of the Purchaser to be present on site at the time of fitting or have an authorized representative present at the site of fitting shall entitle the Vendor to postpone the fitting and charge the Purchaser a failed callout fee+ vat.
- In the event of the Vendor not being able to carry out the fitting due to the Purchaser having given erroneous specifications or due to the Purchaser having ordered the wrong quantity or size of Goods or due to any other fault or reason attributable to the Purchaser; the Purchaser shall be liable for a failed callout fee + vat.
- RISK AND PROPERTY
- Risk of damage to or loss of the Goods shall pass to the Purchaser: (i) in the case of the Purchaser agreeing to collect the Goods from the premises of the Vendor; from the moment the Vendor informs the Purchaser that the Goods are available for collection, and (ii) in any other case; at the time the Goods are delivered.
- In the event of the Purchaser wrongfully refusing to accept the delivery of the Goods for whatsoever reason the risk of damage or loss to the Goods shall pass to the Purchaser the moment the Goods arrive at the delivery address.
- Notwithstanding anything to the contrary contained herein the property in the Goods shall not pass to the Purchaser until all payments due to the Vendor has been settled in full by the Purchaser.
- Until such time as the property in the Goods passes to the Purchaser the Vendor shall be entitled at any time to require the Purchaser to deliver up the Goods to the Vendor and, if the Purchaser fails to do so forthwith, the Vendor shall be entitled to enter upon any premises of the Purchaser or any third party where the Goods are stored and repossess the Goods.
- Until such time as the property in the Goods passes to the Purchaser, the Purchaser shall hold the Goods in the capacity of fiduciary agent and bailee of the Vendor and shall keep the Goods separate from those of the Purchaser and third parties so as to be clearly identifiable, properly stored, protected and insured and identified as the property of the Vendor.
- Notwithstanding the property in the Goods remaining with the Vendor, the Purchaser may resell or use the Goods in the ordinary course of its business. Provided, however, where the Purchaser has sold the Goods pursuant to this condition the Purchaser shall forthwith account to the Vendor for the proceeds of sale, including any insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Purchaser and third parties. Without prejudice to any other right or remedy available to the Vendor the Vendor shall be entitled to call upon the Purchaser to pay and to recover all sums due to the Vendor from the Purchaser from such sales proceeds.
- The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness or create any encumbrance of whatsoever nature on any of the Goods which remain the property of the Vendor but if the Purchaser does so all monies owing by the Purchaser to the Vendor shall, without prejudice to any other right or remedy available to the Vendor, forthwith become due and payable.
- PRICE AND PAYMENT
- The price of the Goods shall be the price quoted by the Vendor.
- All prices quoted are exclusive of value added tax which shall be added to the invoice/statement and paid by the Purchaser.
- In the event of the cost to the Vendor in supplying Goods to the Purchaser is increased due to any factor beyond the control of the Vendor including but not limited to any foreign exchange fluctuation, currency regulation, alteration of duties, increases in the cost of labour, materials or other costs of manufacture, any change in the costs related to shipping and any change in delivery dates, quantities or specifications for the Goods which is requested by the Purchaser, or any delay caused by any instructions of the Purchaser or failure on the part of the Purchaser when giving information or instructions to the Vendor, the Vendor shall be entitled to increase the price of the Goods to reflect such increase of cost, any time before the delivery of the Goods, by notifying the Purchaser.
- Unless otherwise stated in any quotation or in any price list of the Vendor and agreed in writing between the Purchaser and the Vendor, all prices are on an ex-warehouse basis and where the Purchaser requires the Vendor to deliver the Goods the Purchaser shall be liable to pay for the delivery charges.
- Unless otherwise agreed in writing with the Vendor the Purchaser shall pay the price of the Goods within 30 days of the date of the invoice and the Vendor shall be entitled to recover the price, notwithstanding that delivery may not have taken place and that property in the Goods is not passed to the Purchaser.
- In the event of the Purchaser failing to make any payment, then without prejudice to any other right or remedy available to the Vendor, the Vendor shall be entitled to: (i) terminate the contract or suspend any further deliveries to the Purchaser and/or (ii) appropriate any monies paid by the Purchaser against any such overdue amount notwithstanding such monies being paid for any other Goods and/or (iii) charge the Purchaser interest on the amount unpaid at the rate of 5% per annum to be calculated monthly until payment in full and/or (iv) recover from the Purchaser all costs and expenses incurred in the collection of any overdue amount and/or (v) enjoy a lien over all Goods purchased by the Purchaser until the overdue amount is settled in full with interest.
- RETURNS & REFUNDS
- In the case of Mail Order and subject to Clause 7.2, within 30 days of the day of delivery of the Goods to the Purchaser, or before the arranged fitting date, the Purchaser shall be entitled to terminate the Contract, return the Goods and receive a full refund or where the goods have not been paid for, full credit, provided that the Goods have not been used in any way by the Purchaser and are in the same condition in which they were delivered to the Purchaser.
- Subject to Clause 7.1, refunds to the Purchaser are entirely at the discretion of the Vendor. In the event that Vendor, in their sole discretion, grant a refund to a Purchaser, any costs incurred by Vendor in procuring that refund shall be borne by the Purchaser.
- Notwithstanding anything to the contrary contained herein Orders which require the Vendor to procure or manufacture tailor-made Goods specifically for and on behalf of the Purchaser are non-returnable and non-refundable unless deemed faulty due to a mistake or omission on the part of the Vendor or the manufacturer. In the event of such Goods containing any defects the Purchaser is entitled to submit a warranty claim against the manufacturer of the goods.
- In the event of the Vendor agreeing to refund the Purchaser under Clause 7.1 and 7.2 the Purchaser shall return the Goods to the Vendor at an address agreed in writing by the Vendor. In such an event the Purchaser shall be responsible for the costs of returning the Goods and shall indemnify the Vendor against all and any such costs if such costs were borne by the Vendor. If the Goods are collected by the Vendor, the Vendor retains the right to charge the Purchaser for any direct costs associated with the return of the Goods. No additional restocking charge or administrational charge will be added in accordance with the Consumer Contracts Regulations.
- The Vendor may be contacted for an accurate cost on returning goods as costs may vary depending on tyre specification and location.
- WARRANTIES AND LIABILITY
- The Purchaser acknowledges that the Vendor is not the manufacturer of the Goods. The Goods supplied by the Vendor will be under standard terms of warranty of the manufacturer which can be viewed on the website of the manufacturer or be requested from the Vendor.
- Subject to the conditions set out below, the Purchaser shall be entitled to the benefit of any warranty or guarantee as is given by the manufacturer to the Vendor, ensuring goods will be free from defects in material and workmanship for a period specified by the manufacturer.
- The above warranty is given by the Vendor subject to the following conditions:
- the Vendor shall be under no liability in respect of any defect in the Goods arising from any specifications supplied by the Purchaser.
- the Vendor shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the instructions of the Vendor and the manufacturer, misuse or alteration or repair of the Goods without the written approval of the Vendor including without limitation:- (i) if any modifications have been made to the tyre, (ii) if a specified tyre inflation pressure, tyre loading and maximum speed limit was not observed, (iii) if an inappropriate or damaged wheel disk was used, (iv) if inappropriate air tubes or flaps were used, (v) if the tyre was damaged during assembly, (v) if the tyre was used for any purpose other than for the purpose it was designed, (vi) in the event of uneven wear caused by ill technical conditions of the vehicle, (vii) if dual-assembly tyres contact each other during operation on rethreaded or otherwise repaired tyres, (viii) if the tyres were filled with material(s) other than air, without the consent of the Vendor and the manufacturer, (ix) if the tyres were damaged by any oil-based substance or that of other chemical fires (x) or if the tyres were damaged by a force majeure event.
- the Vendor or the manufacturer shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date for payment.
- the above warranty does not extend to parts, materials or equipment not supplied by the Vendor in respect of which the Purchaser shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer.
- In the event of there being a cosmetic defect on a tyre, the Purchaser is obliged to submit a photograph of the tyre clearly identifying the defect within a reasonable time after discovering the cosmetic defect. Cosmetic defects shall be rectified on mutual agreement by way of a repair to the tyre or by replacing the tyre or by a credit note or refund.
- Unless expressly provided hereunder and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1966) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Any claim by the Purchaser which is based on any defect in the quality or condition of the Goods or the failure to correspond with the specifications shall be notified to the Vendor in writing within two (2) working days from the date of delivery or where the defect or failure was not apparent on reasonable inspection within a reasonable time, within the period of warranty offered by the manufacturer, after the discovery of the defect or failure. If delivery is not refused and the Purchaser does not notify the Vendor accordingly the Purchaser shall not be entitled to reject the Goods and the Vendor shall have no liability for such defect or failure and the Purchaser shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
- Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Vendor in accordance with these conditions the Vendor shall be entitled to replace the Goods (or the part in question) free of charge or, at the sole discretion of the Vendor, refund to the Purchaser the price of the Goods (or a proportionate part of the price) but the Vendor shall have no further liability to the Purchaser.
- The Vendor shall not be liable to the Purchaser by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage; whether for loss of profits or otherwise, costs, expenses or any other claims for compensation whatsoever whether caused by the negligence of the Vendor, it’s employees or agents or otherwise which arise out of or in connection with the supply of the Goods or their use or resale by the Purchaser and the entire liability of the Vendor under or in connection with the Contract shall not exceed the price of the Goods for the specific Order in the performance of which the loss or damage was suffered by the Purchaser.
- The Vendor shall not be liable to the Purchaser or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the obligations of the Vendor in relation to the Goods, if the delay or failure was due to any cause beyond the reasonable control of the Vendor. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the reasonable control of the Vendor: (i) act of god, explosion, flood, tempest, fire or accident or any other force majeure event, (ii) war or threat of war, sabotage, insurrections, civil disturbance or requisition, (iii) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, (iv) import or export regulations or embargoes, (v) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Vendor or other third party), (vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery, (vii) power failure or breakdown in machinery.
- Notwithstanding anything to the contrary contained herein the Vendor shall not be liable for any loss or damage of whatsoever nature either direct or indirect, special or consequential, loss of profits or otherwise, costs, expenses or any other claims for compensation whatsoever suffered by the Purchaser in placing Orders with the Vendor or by the use of the Goods if such loss or damage of whatsoever nature either direct or indirect, special or consequential, loss of profits or otherwise, costs, expenses or any other claims for compensation whatsoever is attributable to any action, omission, negligence of fault on the part of the Purchaser.
- Notwithstanding anything to the contrary contained herein any liability on the part of the Vendor shall in any event be limited to the payments made by the Purchaser with regard to the specific Order the performance of which has resulted in the liability.
- INSOLVENCY OF PURCHASER
- This clause applies if: (i) the Purchaser makes any voluntary arrangement with its creditors or being an individual or firm becomes bankrupt or being a company becomes subject to an Administration Order or goes into liquidation otherwise than for the purpose of amalgamation or reconstruction, or (ii) an encumbrancer takes possession, or a Receiver is appointed, of any of the property or assets of the Purchaser, or (iii) the Purchaser ceases to carry on the business.
- The Vendor shall be entitled to act under these provisions if the Vendor reasonably apprehends that any of the events mentioned above is about to occur in relation to the Purchaser.
- In the event of this clause applying then without prejudice to any other right or remedy available to the Vendor the Vendor shall be entitled to terminate the Contract or suspend any further deliveries under the Contract without any liability, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
- INTELLECTUAL PROPERTY RIGHTS
- The trademarks, service marks, logos, slogans and any other marks appearing on the Goods (collectively referred to as “Marks”) are registered trademarks of the Vendor or its subsidiaries or the manufacturers and are protected by trade mark and other laws in the United Kingdom, the European Union and other countries, and international laws and treaties.
- The Purchaser shall not be permitted to use any Marks displayed on the Goods for any purpose whatsoever. All Marks remain the sole property of their respective owners. The sale of Goods to the Purchaser shall not be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the Goods or owned by the Vendor or any of its subsidiaries.
- The Purchaser shall indemnify the Vendor against all liabilities for infringement of third-party intellectual property rights arising from any infringement of such rights by the Purchaser.
- All copyrights, patentable rights or patent rights either unregistered or registered, and rights in trademarks, service marks, logos and commercial symbols as well as all other intellectual property rights (collectively referred to as “Intellectual Property”) in the Goods and all goodwill associated therewith shall remain the exclusive and sole property of either the Vendor or the manufacturers of the respective Goods. The Purchaser shall not acquire any interest of whatsoever nature in the Intellectual Property or in the goodwill pursuant to sale and purchase of Goods under this Agreement, and any use of such Intellectual Property by the Purchaser is strictly prohibited.
- The Purchaser expressly agrees as a condition of the purchase of these Goods that it will indemnify and hold the Vendor harmless from any and all claims that may hereafter at any time be asserted by any subsequent owner or user of the Goods sold hereunder or asserted by any agent or employee of such user or by any third party arising from any purported defect in the Goods or by reason of the use of the Goods. The Purchaser agrees to assume all responsibility in connection with the Goods upon delivery thereof to the Purchaser.
- The Purchaser shall indemnify and hold harmless the Vendor from and against any and all losses, expenses, demands, and claims made against the Vendor by any agent, servant, or employee of the Purchaser, any subsequent purchaser or any other person resulting from, or in any way connected with the Goods.
- The Purchaser agrees to defend any suit action or cause of action brought against the Vendor, its agents, servants, or employees based on any such alleged loss or damage and to pay all damages, costs and expenses including attorney’s fees in connection therewith or resulting therefrom to the Vendor.
- Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice or in the event of any notice required to be given by the Purchaser it may be (if allowed by the Vendor) made through the website of the Vendor and if the Purchaser has provided an email address any notice required to be given by the Vendor to the Purchaser may be sent to such email address submitted by the Purchaser.
- No forbearance or leniency on the part of the Vendor towards the Purchaser shall be considered a waiver of any right or remedy available to the Vendor unless agreed to by the Vendor in writing and no waiver by the Vendor of any breach of the Contract by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision contained hereunder is held by any competent authority to be invalid or unenforceable in whole or in part such provision or part of such provision which is held to be invalid or unenforceable shall be severed and shall not be considered a part of these terms and conditions and shall have no effect on the validity of the other provisions of these terms and conditions and the remainder of the provision in question which can be enforced shall not be affected. Subject to such severance the other provisions contained herein shall remain to be valid and fully enforceable on the parties.
- The Contract shall be governed by the Laws of England and the Purchaser agrees to submit to the non-exclusive jurisdiction of the Courts of England.
- The Purchaser hereby waives any and all defences the Purchaser may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.
"Vendor" shall mean Recy Traders (UK) Limited and ATIRE is the trade name of Recy Traders (UK) Limited.
"Purchaser" shall mean any body and/or entity and/or person of whatsoever nature whose purchaser order is accepted by the Vendor or who accepts any offer or quotation from the Vendor for the sale of the goods or who orders Goods from the website of the Vendor.
"Contract" shall mean the contract of sale for the sale and purchase of the goods under the terms and conditions contained hereunder
“Goods” shall mean goods offered for sale by the Vendor and where the context so requires shall mean the specific goods related to a specific sale and purchase.
"Terms and Conditions" shall mean the standard terms and conditions of sale and purchase morefully set out hereunder.
"Mail Order Service" shall mean the service provided by Recy Traders (UK) Limited through its website the atire.com for the sale and delivery of tyres to the Purchaser.
“Order” shall mean the request made by the Purchaser to purchase a specified amount of Goods for a specific price which is accepted by the Vendor.
“Fitting” shall mean the process of installing the Goods purchased by the Purchaser.
- YOUR ACCEPTANCE OF THIS AGREEMENT
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old or has reached the age of majority where the said person lives and is capable of entering into legally binding contracts. Persons under the age of 18 are not permitted to use or register for the Site.
This Agreement also provides benefits to this Shop Owners affiliates, service providers, suppliers and other persons. Each time you use the Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
The Site is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
For the purpose of clarity, the products displayed on the Site are invitations to you to make offers to purchase products and services on the and are not offers to sell.
This Agreement is in addition to any other agreement you may have with The Shop Owner, including a transaction agreement.
- REVISION TO THIS AGREEMENT
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice
- CHANGES AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
- OWNERSHIP OF INTELLECTUAL PROPERTY AND PERMITTED USE OF THE WEBSITE
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You may not modify any of the pages that you have downloaded or printed or obtained in any manner whatsoever and you may not remove or alter any visible or non-visible identification, marks, notices, or disclaimers contained thereon. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- REPRESENTATIONS & WARRANTIES OF THE USER
By using the Site, you represent and warrant that:
- all registration information you submit are true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you are not a minor in the jurisdiction in which you reside;
- you are not and you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Site for any illegal or unauthorized purpose;
- your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and you will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You will be responsible for all transactions that occur through your account and you shall not be permitted to take up the position that your account was used by an unauthorized third parties.
The details you submit to the site remains our property and your account may be cancelled or suspended at any time by us at our discretion without any notice or liability to you or any other person.
We are not under any obligation to verify the actual identity or authority of any person using your log in details to access and use the Site. We may act upon any communication that is given with the use of your details.
You will immediately notify us via email or via the contact page of this Site if you know or suspect that any of your log-in details have been lost or stolen or become known to or used by any other person.
PRODUCTS, AVAILABILITY AND ERRORS
[We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.]
All products are subject to availability [, and we cannot guarantee that items will be in stock]. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur.
We reserve the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Site, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Site content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
- COMMENTS & SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original and/or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We shall have a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable, right and license to use Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever.
- PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the Site or the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use the Site as part of any effort to compete with us.
- use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise without our express written permission.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other harmful material or do any act which modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
- PURCHASES AND PAYMENT
We accept the following forms of payment: PayPal, American Express, Visa Cards , Discover & Maestro. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
[If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.] We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
If you access the Site from the United States, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, and hometown that you voluntarily give to us [when you register with the Site when you choose to participate in various activities related to the Site. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.
Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are accessing the Site through a mobile this information may also include your device name and type, your operating system, your phone number, your country, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
Mobile Device Data
Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
- Compile anonymous statistical data and analysis for use internally or with third parties.
- Create and manage your account.
- Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you.
- Email you regarding your account or order.
- Fulfil and manage purchases, orders, payments, and other transactions related to the Site.
- Increase the efficiency and operation of the Site.
- Monitor and analyse usage and trends to improve your experience with the Site.
- Notify you of updates to the Site.
- Offer new products, services to you.
- Perform other business activities as needed.
- Process payments and refunds.
- Request feedback and contact you about your use of the Site.
- Resolve disputes and troubleshoot problems. Respond to product and
- customer service requests.
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
We may share your information with our business partners to offer you certain products, services or promotions.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
Cookies and Web Beacons
You should be aware that using a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information and we shall not be held liable with regard to the same.
CONTROLS FOR DO-NOT-TRACK FEATURES
OPTIONS REGARDING YOUR INFORMATION
You may at any time review or change the information in your account or terminate your account by:
- Logging into your account settings and updating your account
- Contacting us using the contact information provided below
The termination of your account shall not be construed as excusing you from any liabilities you have previously incurred.
- DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, PRODUCTION, REPUTATION, OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE PERIOD OF 2 WEEKS PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [_________]. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- GOVERNING LAW AND DISPUTE RESOLUTION
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- OTHER MATTERS
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
You may contact us by telephone, email, or postal mail via the contact page of this Site.
- OUR DETAILS
The full name of our company is Recy Traders (UK) Limited. ATIRE is the trading name of Recy Traders (UK) Limited. We are registered in England & Wales under registration number 09666646. Our registered and trading address is Unit 01, Eastwood Industrial Area, Hooks Lane, Wimblington, Cambridgeshire PE15 0QQ. You can contact us by email to firstname.lastname@example.org, or by calling _01354 742 510. Recy Traders (UK) Limited is VAT registered under VAT registration number _245 5537 94.
- DATE OF CONDITIONS
The terms and conditions apply as at 22nd of October 2020.
Create New Account