Terms and Conditions
In these Terms and Conditions:
- 'TFL', ‘We’, mean TyreFactors.com Ltd, a company incorporated under the Companies Acts (Company No. SC425672) and having its registered office at Glenorchy House, 15 Glenorchy Road, North Berwick, East Lothian, EH39 4PE, Scotland;
- 'TFL Site' means the website published by TFL on the World Wide Web of the Internet with the uniform resource locator http://www.tyrefactors.com;
- 'Conditions' means these terms and conditions for website sale of tyres;
- 'Contract' means the contract for the purchase and sale of the Goods as constituted and evidenced by the Customer's Order and the Order Confirmation;
- 'Customer' means the person whose demand to purchase the Goods is accepted by TFL;
- 'Customer's Order', 'Purchase Order' means an order from the Customer submitted to TFL either through the TFL Site by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the TFL Site, or by telephone;
- 'Force Majeure' means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of TFL or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery;
- 'Goods' means the tyres (including any parts for them) or other products or services which TFL is to supply in accordance with these Conditions;
- 'Mail Order Service' means the service provided by TFL via the TFL Site for the sale and delivery of tyres to Customers;
- 'Order Confirmation', 'Confirmation email' means confirmation in writing by TFL of acceptance of the Customer's Order issued prior to supply of the Goods to the Customer;
- 'Writing', 'Written format' includes electronic mail, telex, cable, facsimile transmission and comparable means of communication.
- TFL is committed to ensuring that its Customer’s data privacy is protected when personal information is provided, in accordance with all relevant United Kingdom or other applicable data protection legislation.
TFL holds the following Customer information:
- Information which Customers and entities provide to us when using this website (i.e. their names, postal addresses, billing addresses, delivery addresses, telephone numbers, e-mail information, transaction history) and, potentially, information provided by third parties; and
- TFL does not capture or retain any information relating to Customers’ credit card credentials, even if this information is requested and inserted by the Customer during the order process (credit card payment).
For what purposes does TFL hold Customer information?
- TFL holds information which is provided by our Customers for our own administrative, sales, marketing, product and /or system development purposes. Depending on the information which Customers have provided, we may contact them by letter, e-mail, fax, telephone or SMS.
- If Customers do not wish to be contacted by TFL for sales or marketing purposes, they are provided the option to “opt-out” of the receipt of said information from TFL. This opt-out is a parameter setting within their Account and can be amended at any time. Alternatively Customers can email TFL at firstname.lastname@example.org or write to us to let us know they would like to opt-out of receiving any further promotional communication from TFL.
- Unless we have our Customer’s prior consent, TFL does not sell, rent, trade or share any Customer information which we hold except that:
- TFL may disclose information which is held by us where required to do so by law or in connection with legal proceedings;
- TFL may disclose aggregate statistics to third parties which are made up from statistics in respect of individual persons but these statistics will not include Customer identifying information;
- TFL’s payment process system transmits, without accessing, credit/debit card information to the appropriate credit card company when we process payment for sales; and
- TFL may disclose Customer information to its legal, accounting, marketing or other professional advisers, its website hosts and its courier, postal or transport providers (names and addresses only in the latter case) for the fulfilment of orders or in order to communicate with the Customer.
- TFL may make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses.
- TFL may also make enquiries about the principal directors of the Customer’s company with a credit reference agency.
- TFL will monitor and record information relating to Customer payment performance and such records may be made available to credit reference agencies, who may share that information with other businesses in assessing applications for credit and fraud prevention.
For how long does TFL hold Customer information?
- We will not hold on to any Customer information for any longer than is reasonably necessary for the purposes noted above.
What procedures does TFL use to protect Customer privacy?
- TFL undertakes to process the Customer information which is collected, in accordance with the applicable laws on data protection.
- TFL has strict security procedures covering the storage and disclosure of Customer information and will make all reasonable efforts to safeguard the security of its Customer data in order to prevent its unauthorised access. This means that TFL may ask for proof of identity before disclosing Customer information to him/her
- TFL holds computerised and electronic Customer information on computers and/or CD-Roms and/or a server. TFL may also hold tangible (or 'hard copy') Customer information. From time to time, certain CD-Roms or tangible ('hard copy') Customer information may be transported by TFL or its agents.
- The TFL website contains links to other websites. Equally, other websites may provide links to this website. Customers should be aware that TFL is not responsible for the privacy practices of such other websites. TFL encourages Customers to read the privacy policies, if any, of each and every website which they use.
- TFL will also, on written request, amend any Customer information which it holds. Where TFL amends the Customer information which is held, it will generally retain a copy of the previous version for its records. However, as noted above, TFL will not retain any Customer information for any longer than is necessary for the purposes identified previously.
- Customers should note that the Internet is not a secure medium. When submitting information to TFL using the Internet, Customer details may not be secure from access by third parties. The submission of Customer information to TFL using the Internet is therefore made at the Customer’s own risk.
Customers can contact TFL at the following addresses:
- TyreFactors.com Ltd, Eildon House, Dingleton Road, Melrose TD6 9QY, Scotland
C. SALES TERMS AND CONDITIONS
1. Customer Account Application and Registration
- 1.1. Customer data is provided by the registering Customer when applying for an Account, using an online form which is located on the TFL website. All information provided by the Customer is accepted as accurate and truthful. Within the constraints of applicable law, TFL reserves the right to verify the data or information provided.
2. Change to Customer Details
- The Customer undertakes to communicate, as soon as is practically possible, any changes made in relation to the Account application and registration data, using the written format or forms available online.
3. The Sales Process
- 3.1. TFL shall sell and the Customer shall purchase the Goods in accordance with the Customer's Order and TFL’s Order Confirmation, subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions.
- 3.2. The Customer acknowledges that the website text, price list, list of items for sale or other sales literature published on the TFL Site constitute an invitation to transact and may not be interpreted by the Customer as any offer by, or binding obligation upon, TFL to sell any item to the Customer
- 3.3. No variation to these Conditions shall be binding unless agreed in Writing by authorized representatives of the Customer and of TFL.
- 3.4. TFL's employees or agents are not authorized to make any representations concerning the Goods unless they confirmed by TFL in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
- 3.5. Any advice or recommendation given by TFL or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by TFL is followed or acted upon entirely at the Customer's own risk, and accordingly TFL shall not be liable for any such advice or recommendation which is not so confirmed.
- 3.6. Whilst every effort is made by TFL to ensure no such error or omission occurs, any typographical, clerical or other error or omission in any sales literature, price list, website text (including EU labelling values), acceptance of offer, invoice or other document or information issued by TFL shall be subject to correction without any liability on the part of TFL.
- 3.7. Product quotations, prices and estimates of TFL are shown online. Their values and the product availability are updated several times a day and therefore may change depending on TFL’s supplier data. Price quotations and price estimates are not binding on TFL, unless agreed by TFL in writing to the contrary.
- 3.8. The Customer commits to a binding purchase by completing the Order Process on the TFL website or by placing a verbal order by telephone to TFL or its agents.
- 3.9. The Customer shall be responsible to TFL for ensuring the accuracy of the terms of the Customer's Purchase Order submitted by the Customer, and for giving TFL any necessary information relating to the Goods and delivery details, within a sufficient time to enable TFL to execute the Contract in accordance with its terms. TFL shall incur no liability resulting from inaccurate information being supplied by the Customer.
- 3.10 TFL confirms the receipt of the Customer’s purchase order by the issue, to the Customer, of a Confirmation Email.
- 3.11. The Confirmation Email is a provisional acceptance of the Purchase Order and is made subject to product availability, at the resale price stated in the Order.
- 3.12. The Purchase Order is also provisionally accepted subject to the verification of Customer solvency and the Customer Account status (e.g. active and within its credit limit).
- 3.13. If the Purchase Order is not accepted by TFL after the provisional confirmation email has been issued, TFL will notify the Customer without delay by email. TFL will thereupon propose either order cancellation, if no payment has been made, a full refund, where payment has been made, or alternative arrangements to fulfil the order placed by the Customer.
- 3.14. If the Customer’s Purchase Order acceptance is confirmed, this confirmation will be notified by the issuing of an invoice, by email, at a time which coincides as closely as is feasible with the physical shipment of the Product
- 3.15. TFL reserves the right to propose changes to 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, as a result of changes in the law or at the sole discretion of TFL. Any acceptance or rejection of the changes proposed by TFL to be notified by the Customer to TFL prior to any shipment of the Goods.
- 3.16. With the exception of a Purchase Order subject to changes proposed by TFL, and which changes have been rejected by the Customer, the Customer's Order may not be cancelled by the Customer after the Order Confirmation email has been issued, except with the agreement in writing of TFL and on terms that the Customer may be obliged to indemnify TFL in full or in part against all loss (including loss of profit), costs (including the cost of all labour and materials used and delivery costs), damages, charges and expenses incurred by TFL as a result of cancellation by the Customer of the Customer's order, said losses to be defined by TFL.
- 3.17. TFL makes every effort to accommodate a change request after the purchase order has been received and the confirmation email has been issued. If the modifying or implementing of any changes have an impact on the contractual components of the sale (price, delivery time etc.), a replacement Purchase Order will be created by TFL and a new Confirmation email will be issued to the Customer
- 3.18. The contracting party may not assert a lien on any Goods supplied by TFL and which have not been paid for in full.
D. USE OF THE WEBSITE
- The use of the TFL website is restricted to Customers, whose application has been approved by TFL, and who are registered tyre professionals, operating a form of commercial enterprise in the area of the tyre or automotive industries (tyre retailers, tyre fitters, car dealerships, body shops, garages, fleet operators etc.) and members of an relevant Trade organisation.
- TFL reserves the right, without any liability or prejudice, to accept or decline any Account application received from a Tyre Professional as defined in paragraph 1. TFL furthermore reserves to right not to provide any explanation for the decline of an Account application.
- The acceptance of the applicable, up to date and valid terms and conditions of sale, as displayed and accessed by the TFL website, is acknowledged by the Customer in the course of the order process, for each and every order placed. Acceptance of these Terms and Conditions of sale is a pre-requisite to the placing of any order, and no order can be placed without the relevant acceptance registered (via check-box) within the TFL website order process.
- Cookies are small text files that are placed on the TF website visitor’s computer when he/she visits. Cookies are commonly used to make websites operate efficiently, as well as to provide information to the site operators. The cookies used by TF are essential for parts of the site to operate, in particular the e-commerce system. The Customer can delete and block all cookies from the TF site, but some areas of the site will not function correctly.
- All the cookies, apart from Google Analytics cookies, on the TF website have a life that spans only the length of the visitor’s session, at most. If our Customers close their browser and leave the site all cookies expire with the exception of the cookie named “jsCookieCheck” which has a life span of 365 days and which is necessary to store the cookie settings for the TF site.
- The cookies used on this website have been categorised using best practice. A list
of all the cookie categories used on this website is set out below:
- Cookies that are essential in order to enable the visitor to navigate around the website and use its features, e.g. accessing secure areas of the website. Without these cookies shopping baskets or e-billing, cannot be provided.
- These cookies enable the website to remember choices made be the visitor (e.g. user name, language etc.) and provide enhanced features. Such as to remember changes made to text size, fonts and other parts of web pages that the visitor is or will be able to customise. The information these cookies collect can be rendered anonymous so as to prevent tracking visitor browsing activity on other websites.
- These cookies collect information about how visitors use the website, for example which pages are visited most often. Such cookies do not collect information which identifies the visitor. All information collated this way is aggregated and remains anonymous. They are only used to improve the TF website’s performance works.
- This category is used should TF implement advertising that is relevant to its visitors. They are usually inserted by advertisers with the website operator’s authorisation. These cookies log that the visitor has visited the TF website this information is shared with third party marketing organisations such as advertisers. This category is not currently deployed by TF.
F. PRICE OF THE GOODS AND SERVICES
- 1. The price of the Goods shall be the price specified by TFL in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in TFL's price list or website text on the TFL Site, current at the date and time of the Order Confirmation.
- 2. TFL reserves the right, by giving notice to the Customer at any time before the
issuing of the Order Confirmation, to increase the price of the Goods to reflect:-
- 2.1. Any increase in the cost to TFL which is due to any factor beyond the control of TFL (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture),
- 2.2. Any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or
- 2.3. Any delay caused by any instructions of the Customer or failure of the Customer to give TFL adequate information or instructions.
- 3. The price of the Goods shall be inclusive of any applicable Value Added Tax.
- 4. Delivery charges are calculated according to the number of tyres ordered, the size of the tyres ordered, the type of tyres ordered, and are based upon a “parcel” cost as defined by the various distribution partners employed by TFL. A standard parcel is comprised of 2 tyres. Single tyres orders, those tyres that cannot be transported in pairs (due to size and/or type) and those tyres within an odd number of tyres to be delivered incur a full parcel cost.
- 5. Deliveries to certain remote or isolated locations (e.g. Highlands And Islands) incur a surcharge which is notified during the Order Confirmation process.
G. TERMS OF PAYMENT
- 1. Subject to any special terms agreed in Writing between the Customer and TFL, TFL shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer's Order.
- 2. The standard payment method is by Credit or Debit card. TFL shall debit the Customer's credit/debit card with payment in full for the Goods and applicable Value Added Tax on or after the date of the Customer's Order;
- 3. Alternative methods of payment:
- 3.1. Cheque. Payment by cheque is accepted, subject to receipt of cleared funds by TF prior to shipment, unless alternative arrangements are agreed in writing by TF.
- 3.2. Bank Transfer. Payment by bank transfer is accepted, subject to receipt of cleared funds by TF prior to shipment. TF account details are provided on request by a registered Customer.
- 4. The Customer shall be obliged to pay the price of the Goods on the date of the Customer's Order. TFL shall be entitled to recover the price of the Goods, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued.
- 5. If the Customer fails to make any payment by the relevant due date or if payment
is declined or not authorised by the issuer of the Customer's payment card when
processed by TFL then, without prejudice to any other right or remedy available
to TFL, TFL shall be entitled to:
- 5.1. Cancel the Contract or suspend any further deliveries to the Customer;
- 5.2. Appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and TFL) as TFL may think fit (notwithstanding any purported appropriation by the Customer); and
- 5.3. Charge the Customer interest (both before and after any decree or judgement) on any amount unpaid, at the rate of four per cent per annum above the Royal Bank of Scotland base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
- 1. Delivery of the Goods shall be made by TFL or its nominated carrier delivering the Goods to the delivery address specified in the Order Confirmation or such other address as shall be approved of in advance by TFL.
- 2. Any dates quoted for delivery of the Goods are approximate only and not guaranteed and TFL shall not be liable for any delay in delivery of the Goods howsoever caused. Time of delivery shall not be of the essence of the Contract unless previously agreed by TFL in Writing. The Goods may be delivered by TFL in advance of the quoted delivery date, without prejudice to TFL. Where possible, reasonable notice will be given by TFL to the Customer.
- 3. If the Customer fails to take delivery of the Goods or fails to give TFL adequate
delivery instructions in the Customer's Order then, without prejudice to any other
right or remedy available to TFL, TFL may:
- 3.1. Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
- 3.2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; or
- 3.3. Return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.
- 4. Delivery of the Goods shall be evidenced by the return to TFL of its or its authorised carriers' official packing/delivery note which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it.
I. RISK AND PROPERTY
- 1. Risk of damage to or loss of the Goods shall pass to the Customer at the time when the Goods are delivered to the delivery address specified in the Customer's Order or such other address as shall have been approved of in advance by TFL; or
- 2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to and in the Goods shall not pass to the Customer until all sums due by the Customer to TFL (including any applicable interest and charges) have been paid in full.
- 3. Until such time as the property in the Goods passes to the Customer, the Customer shall keep the Goods separate from those of third parties and properly stored, protected and insured and identified as TFL's property, free of any lien or security for any Customer indebtedness.
- 4. Until such time as the property in the Goods passes to the Customer, TFL shall be entitled at any time to require the Customer to deliver up the Goods to TFL or its agents and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall be obliged to assist and allow TFL or its agents to repossess the Goods.
- 5. The Customer shall not be entitled in any way to charge by way of security for any indebtedness any of the Goods which remain the property of TFL, but if the Customer does so, all moneys owing by the Customer to TFL shall (without prejudice to any other right or remedy of TFL) forthwith become due and payable.
- 1. If agreed in writing by TFL the Customer shall be entitled to return the Goods and receive a full or partial refund, provided that the Goods have not been used in any way, are in the same good condition in which they were received by the Customer and are returned to TFL. In such event the Customer shall be responsible for the costs of returning the Goods and shall indemnify TFL or demand against all and any such costs. In the event that TFL, in its sole discretion, grants a refund to a Customer, any costs incurred by TFL in procuring that refund shall be borne by the Customer.
- 2. Any such return will be managed by TFL and performed by TFL’s transportation partners. TFL retains the right to charge the customer for any direct costs associated with the return of the goods.
- 3. TFL can be contacted for an accurate cost on returning goods as costs may vary depending on tyre specification, collection location and return.
- 4. Distance Selling Regulations do not apply in the online supply of goods from Business to Business.
Access of Service
- 1. TFL shall, to the extent technically feasible, provide permanent access (24/7) to the Website. However, TFL cannot guarantee that the website will be available at all times, and the Customer has no right to such access at all times. In particular, TFL reserves the right to perform, from time to time, and as needed, website maintenance or upgrade work to maintain or improve the performance of the platform.
- 2. Wherever possible, prior to a voluntary suspension of service, TFL will take into consideration the legitimate interests of Customer, for example by issuing prior suspension of service information to its Customers.
- 3. In the event of unexpected failure of the system that would prevent the conduct of business, TFL will endeavour to communicate relevant information to Customers (e.g.: Nature of the fault, probable duration required for the repair, features or services affected) by all means of communication at its (website, email, fax etc.)
Denial of Access
- TFL may terminate, with or without notice, temporarily or permanently, any Customer
Account and deprive said Customer access to the website order process where:
- 1. The Customer does not comply with these Terms and Conditions
- 2. The Customer violates in any way its contractual obligations with respect to TFL
- 3. The Customer violates applicable regulations or legislation that affects TFL and its business
- 4. The Customer continues to violate, notwithstanding sufficient warning, the rights of others, especially the rights of TFL’s suppliers as part of the obligations entered into through the website
- The TFL website was created with the utmost care and attention. However, TFL denies any warranty of errors within the information contained on the site. All liability for damages arising directly or indirectly from the use of the website is excluded, except in cases of intent or gross negligence. If a reference to other websites is made, no responsibility of TFL is engaged, in particular in reference to the content of said other sites.
- 1. TFL shall be under no liability any potential loss (or otherwise) in respect of any error in the Goods or Product/s supplied in accordance with an order received from the Customer of the website, arising from any inaccuracy in the Customer's Order.
- 2. TFL shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow TFL's instructions (whether oral or in writing) or misuse or alteration of the Goods without TFL's approval.
- 3. Save as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.
- 4. Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to TFL in Writing within 48 hours from the date of delivery or where the defect or failure was not apparent (on reasonable inspection) within 24 hours after discovery of the defect or failure.
- 5. Subject to Clause 4., if delivery is not refused, and the Customer does not notify TFL in accordance with Clause 4, the Customer shall not be entitled to reject the Goods and TFL shall have no liability for such defect or failure.
- 6. 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 TFL in accordance with these Conditions, TFL shall be entitled to replace the Goods (or the part in question) free of charge or, at TFL's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price based upon usage made of the Product prior to the discovery and declaration to TFL of the potential defect), but TFL shall have no further liability to the Customer or any other person.
- 7. Any such replacement or refund (partial or otherwise) will be subject to the Product Manufacturer’s terms, which entail examination by the Manufacturer of the alleged defective Product. Such examination and subsequent decision of defect by the manufacturer will be binding on both TFL and the Customer. It is to be understood by the Customer that this process (Product Manufacturer assessment of defect claim and potential liability) may require up to 8 weeks from the date that the Product is returned to TFL in the context of a claim.
- 8. Except in respect of death or personal injury caused by TFL's negligence, TFL shall not be liable to the Customer by reason of any representation (unless fraudulent), 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 profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of TFL, its 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 Customer, and the entire liability of TFL under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
- 9. TFL shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of TFL's obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond TFL's reasonable control.
L. CUSTOMER INSOLVENCY
- 1. If the Customer enters into 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 purposes of amalgamation or reconstruction), has a receiver, liquidator or administrator appointed over any of its property or assets, ceases, or threatens to cease, to carry on business, or if TFL reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly, then without prejudice to any other available right or remedy, TFL shall be entitled to cancel the Contract or suspend any further deliveries without any liability to the Customer
- 2. If Goods or Products have been delivered, but not paid for, the price of the Goods or Products shall become immediately due and payable in full notwithstanding any previous agreement or arrangement to the contrary.
- 1. By accepting these Terms and Conditions, as confirmed by registering an Account with TFL, the Customer agrees to not transmit or disclose information provided by TFL to third parties in relation secure data access ("login", username and password, etc.).
- 2. The Customer assumes sole risk of the misuse or unauthorized use of its Account by a third party who has accessed their account, except when the third party had access to this account by any gross negligence of TFL or one of its agents.
- 3. TFL undertakes to never ask for the disclosure of data access ("login", username and password, etc.).
- 4. The Customer is thus expressly made aware that should he/she receive solicitations by phone or email from third parties, even posing as representatives of TFL, for disclosure of personal data or account access credentials, then said third party is not associated with TFL and should the Customer provide such information he/she does so at their own risk.
- 5. Any similar solicitation, generated via a web page whose URL does not begin with www.tyrefactors.com, and which is not subject to SSL encryption (Secure Socket Layer) must be assumed by the Customer to be an attempt by unauthorised third parties to obtain confidential information of the Customer and should the Customer provide such information he/she does so at their own risk.
N. INTELLECTUAL PROPERTY AND LINKS
- 1. The application, by the Customer, for an Account and the granting of said Account by TFL does not confer to the Customer, by TFL, of any right to the Intellectual Property related to the TFL system or website.
- 2. All intellectual property rights are owned either by TFL or by persons to whom TFL is the licensee, but not to the Customer. It is thus especially forbidden for the Customer to copy, distribute or use in any other manner whatsoever, the contents of the TFL website, trademarks or system, without prior express written consent of TFL.
- 3. This copy prohibition also applies with respect to copies or arising in connection with the use of search engines ("Robot / Crawler") or other similar technologies.
- 4. No Customer is permitted to create links from his/her own site to www.tyrefactors.com without the prior express written consent of TFL.
- All statements and communications between TFL and the Customer are considered delivered if they are made in writing, by e-mail or by fax, to the last postal address, e-mail address or fax number as notified by the Customer to TFL by means of forms made available on the TFL website.
- 1. TFL may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other persons (legal or otherwise) or entities.
- 2. Unless otherwise agreed in writing, the Customer may not assign either the benefit or the burden of any contract with TFL.
- 3. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that 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.
- 4. No waiver by TFL of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- 5. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
- 6. The Contract and these Conditions shall constitute the entire agreement between the Customer and TFL in respect of the supply of the Goods and shall supersede all previous oral or written representations or agreements relating thereto. In particular, the Customer may not rely on any statements made by any employee, representative or agent of TFL.
- 7. Notwithstanding any provisions expressly to the contrary, TFL reserves the right to change these Terms at any time and without giving reasons.
- 8. The Contract shall be governed by the law of Scotland and the Customer agrees to submit to the non exclusive jurisdiction of the Scottish courts.
- 9. Copyright (©) TyreFactors.com Ltd 2016. All rights reserved. No part may be reproduced in any form or stored in a data retrieval system without the prior written consent of the copyright holder. The inclusion of any part in other websites is strictly prohibited.