CST eStore Website
Terms and Conditions of Supply
This page (together with the documents expressly referred to on it tells you information about us and the legal Terms and Conditions and conditions (the "Terms and Conditions") on which we sell any of the products (the "Products") listed on our website shop.cst-tyres.co.uk ("Our Website") to you.
These Terms and Conditions will apply to any contract between us for the sale of Products to you (the "Contract"). Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any Products from Our Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions and the other documents expressly referred to in it. Please note that before placing an order you will be asked to agree to these Terms and Conditions.
Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from Our Website.
You should print a copy of these Terms and Conditions or save them to your computer for future reference.
We amend these Terms and Conditions from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms and Conditions to ensure you understand the Terms and Conditions which will apply at that time. These Terms and Conditions were most recently updated on 24th March 2021.
These Terms and Conditions, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the websites shop.cst-tyres.co.uk or csttires.com/int/. We are CST Tyres UK, a brand of Maxxis International (UK) Ltd registered in England and Wales under company number 01205689 and with our registered office located at Carr Road, Felixstowe, Suffolk, IP11 3RX. Our main trading address is also located at Carr Road, Felixstowe, Suffolk, IP11 3RX. Our VAT number is 282829427.
1.2 To contact us, please see our Contact Us page https://shop.cst-tyres.co.uk/pages/contact-us.
2. OUR PRODUCTS
2.1 The images of the Products on Our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on Our Website are made to the tolerance of the required certification as necessary or where no certification is required have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on Our Website.
2.4 All Products shown on Our Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR WEBSITE
3.1 Your use of Our Website is governed by our Terms and Condition of Website Use ( https://shop.cst-tyres.co.uk/policies/terms-of-service ). Please take the time to read this document as it includes important Terms and Conditions which apply to you.
4. PRIVACY, SECURITY AND HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from Our Website if you are at least 13 years old. If you are under 13 years old you must seek the permission and assistance of a parent or guardian.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Please follow any on-screen prompts to enable you to complete a transaction.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail which will confirm that the Product(s) have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on Our Website as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
8.1 We may revise these Terms and Conditions from time to time in the following circumstances:
8.3 Whenever we revise these Terms and Conditions in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms and Conditions have been amended and the relevant date at the top of this page.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
9.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to CST Tyres UK, Carr Road, Felixstowe, Suffolk, IP11 3RX or please contact our Customer Services telephone line on 01394 604040 to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you:
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.4 We recommend that you provide us with a safe delivery address at which to leave a delivery. If no one is available at your address to take delivery, our carrier will leave you a note setting out how to rearrange delivery of your Products.
10.5 Where delivery of the Products is made in instalments, each instalment shall be construed as constituting a separate Contract to which all of the provisions in these Terms and Conditions shall apply (with any necessary alternations).
10.6 The Products will be your responsibility from the completion of delivery.
10.7 You own the Products once we have received payment in full, including all applicable delivery charges.
11. NO INTERNATIONAL DELIVERY
11.1 Unfortunately, we do not deliver to addresses outside of mainland UK.
11.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in mainland UK.
11.3 If you wish to order Products from Our Website for delivery to Northern Ireland, Eire, Isle of Man, Scilly Isles or to any international destination, please contact our sales team by telephone on 01394 604040 or by email to firstname.lastname@example.org. We reserve the right to refuse to make delivery to a location outside of mainland UK. In the event that we are able deliver to a location outside mainland UK, delivery to such a destination may result in additional charges being payable by you and/or any applicable import duties and taxes. We will notify you of any additional charges when you contact us. You will be responsible for payment of any applicable import duties and taxes which may apply. Please contact your local customs office for further information prior to contacting us to place an order. In addition you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on Our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on Our Website from time to time. To check relevant delivery charges, please refer to our Delivery Policy page ( https://shop.cst-tyres.co.uk/policies/shipping-policy ). You will be able to check the total delivery charge in your basket before you check out.
12.5 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on Our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
13. HOW TO PAY
13.1 You can only pay for Products via this website using a debit card or credit card, or those determined by the Processor, Stripe Payments Europe, Ltd and PayPal (Europe) S.à r.l. et Cie, S.C.A. Commonly accepted would be the following cards: Visa, Visa Debit, Visa Delta, Visa Electron, MasterCard, MasterCard Debit and UK Maestro.
13.2 Payment for the Products and all applicable delivery charges must be made in advance. We will not charge your debit card or credit card until we dispatch your order.
13.3 The Processor for payments is Stripe Payments Europe, Ltd and PayPal (Europe) S.à r.l. et Cie, S.C.A.
14. MANUFACTURER GUARANTEES
14.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable Terms and Conditions and conditions, please refer to the manufacturer's guarantee provided with the Products.
14.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. OUR WARRANTY FOR THE PRODUCTS
15.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
16.2 Nothing in these Terms and Conditions limit or exclude our liability for:
contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in
connection with the Contract for:
16.3.1 any loss of profits, sales, business, or revenue;
16.3.2 loss or corruption of data, information or software;
16.3.3 loss of business opportunity;
16.3.4 loss of anticipated savings;
16.3.5 loss of goodwill; or
16.3.6 any indirect or consequential loss.
16.4 Subject to clause 16.2 and clause 16.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
16.5 Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms and Conditions, to "in writing", this will include email.
19.2 If you are a consumer:
19.4 If you are a business:
20. ONLINE PROMOTIONS AND DISCOUNT VOUCHERS
20.1 Online promotion vouchers and discount codes will be accepted for redemption against the purchase price of a Product ordered via our Website only (excluding any products purchased from a third party’s website via a link to their website from Our Website), subject always to these Terms and Conditions and against any specific promotion/discount voucher. Promotional vouchers and discount codes will not be accepted against (but not limited to), delivery charges, gift vouchers or in conjunction with any other offers etc.
20.2 Our promotions and discounts are offered at our discretion and can be recalled at any time. We reserve the right to amend or withdraw our promotions without prior notice. Vouchers cannot be applied to past orders made with us and cannot be backdated or redeemed for cash.
20.3 We may from time to time run different customer offers or vouchers, with different terms (including amounts, types and expiry dates). We reserve the right to limit the applicability of any particular offer to specific regions or delivery areas. Different offers and vouchers may be run simultaneously.
21. FRAUD PREVENTION
21.1 To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By placing an order (and thus accepting these Terms and Conditions) you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is only done to confirm your identity. A credit check is not performed and your credit rating will not accordingly be affected.
22. DATA PROTECTION
22.1 By accepting these terms and conditions, you consent to the transfer of your personal data to us for the purpose of fulfilling any orders placed via the website and for any other purposes compliant with the General Data Protection Regulation 2018.
22.2 Should you choose to opt-in for further information, your email address will be added to a marketing database to receive communications from the Maxxis, Bickers and CST brands. You will be able to unsubscribe from this database at any time.
22.3 Your data will not be shared with any third parties except as far as necessary to arrange the delivery of your products.
23. OTHER IMPORTANT TERMS AND CONDITIONS
23.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. We will always notify you by posting on this webpage if this happens.
23.2 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 15 to the recipient of the gift without needing to ask our consent.
23.3 This contract is between you and us. No other person shall have any rights to enforce any of its Terms and Conditions, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms and Conditions.
23.4 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
23.6 If you are a consumer, please note that these Terms and Conditions are governed by English law. This means a Contract for the purchase of Products through Our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
23.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
23.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including noncontractual disputes or claims).