Terms & Conditions
1.1 “Buyer” means the person who accepts a quotation from the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
1.2 “Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions and any goods supplied in substitution for or in replacement of or in addition to such goods.
1.3 “Seller” means Wheely-Safe Ltd, (registered in England under number 07184108).
1.4 “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
1.5 “Contract” means the contract for the purchase and sale of the Goods.
1.6 “Writing” includes letter, email and comparable means of communication.
1.7 The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
2.0 Product Specifications and Suitability:
2.1 Published product details, specifications and suitability information is the best available at the time. The Seller shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any part/s.
2.2 We encourage you to ensure all parts are fitted by a competent person in accordance with manufacturer specifications. The Seller cannot be held liable for any damage caused by the fitting of a part.
2.3 Please ensure that you have read your product terms and warranty conditions before attempting to install a part or otherwise repair item. The Seller cannot be held responsible if the item is damaged or your warranty is voided. Some manufacturer guarantees may be on condition that you use a qualified technician.
2.4 The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
3.1 The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
3.2 If the costs of the Goods to us increases due to any factor beyond our control, including but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
3.3 Any increase in Price under the clause above will only take place after we have informed you (the Buyer).
3.4 You may be entitled to discounts. Any and all discounts will be at our discretion.
3.5 The Price is exclusive of fees for packaging and transportation/delivery.
3.6 If your delivery address is outside of the UK, you may be required to pay import duties and taxes when your Wheely-Safe order reaches your country. These and any additional charges for customs clearance are your responsibility
4.0 Availability / Estimated Delivery Times:
4.1 We do our best to ensure availability of all advertised products and endeavor to despatch all parts within the quoted time. If there is a delay, we will inform you of this via email and the product will be despatched as soon as it is available. If you have ordered multiple items they may arrive separately.
4.2 The Seller has no liability to you for any delay in the delivery of products ordered, and the time of delivery is not guaranteed. We will do our best to get all orders sent out as quickly as possible.
4.3 Occasionally we find ourselves having to withdraw an item because it has become obsolete or has been discontinued. If you have placed an order for an item that has been made obsolete, we will inform you as soon as possible and offer you an alternative if one is available.
4.4 The Seller will arrange for the delivery of the goods to the address specified in the quotation or to another location which has been previously agreed on.
4.5 The Seller will not be liable for any delay in the delivery of the goods that is caused by circumstances beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5.1 All Invoices are payable by credit card or on a pro-forma basis, unless credit facilities have been approved, in which case Invoices are payable by 30 days net end of month. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.2 All prices are quoted in either GBP, Euros or Dollars. All prices quoted exclude Value Added Tax (VAT), where applicable, at UK rates. It may be necessary to adjust prices in the event of an increase in VAT rates, or as a result of a manufacturer price increase. (Also, if not applicable where quotes are in a different currency and where VAT does not apply. Customers are entitled to a full refund if this is not acceptable.
5.3 Due to the nature of the clearing system if you pay via credit card payment it will be taken at the point of processing. If a problem in supply should occur, your payment method will be refunded as swiftly as possible. The refund may take a couple of days to show as cleared funds on your account, depending on payment provider. Your refund will be paid back via the same method.
5.4 All goods remain the property of Wheely-Safe Ltd until payment is made in full.
6.0 Sale of Goods
6.1 This contract is divisible. Each delivery made hereunder:
a) shall be deemed to arise from a separate contract, and
b) shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein without reference to and not-withstanding any defect or default in the delivery of any other instalment.
7.0 Law and Jurisdiction
7.1 This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh Courts.
8.0 Inspection & Acceptance of Goods
8.1 You must inspect the Goods on delivery or collection
8.2 If you identify any damages or shortages, you must inform us in writing within 3 days of delivery, providing full details. The Seller will not be responsible for problems reported after this time.
8.3 You bear the risks and costs of returning the goods.
8.4 Acceptance of the goods will be deemed to be on inspection of them by you and in any event within 3 days after delivery.
9.0 Delivery Divisibility Clause ‘A’
9.1 Where delivery of goods or services is affected by the Seller by more than one consignment (whether at the request of the Buyer or not) then each such consignment shall be deemed to be a separate contract subject to these Conditions of Sale and the Buyer shall pay the Seller in full the amount payable under the invoice raised for each consignment notwithstanding any rights which the Buyer may claim to have against us in respect of any other contract between us and the buyer.
10.1 The Seller shall not be liable for incidental or consequential damages or expenses as a result of using the Wheely Safe Products. This includes, but is not limited to, damage to property, lost income, profits, economic or commercial losses and third parties’ claims.
10.2 We will do our best to get all orders despatched as quickly as possible. We have no liability to you for any delay in the delivery of products ordered.
10.3 This warranty does not affect your statutory rights.
11.0 Wheely-Safe Warranty
11.1 The Wheely-Safe system is warranted to be free from manufacturing defects and is guaranteed for a standard period of twelve months from date of purchase, unless otherwise agreed in writing.
11.2 The Seller warrants this product (excluding accessories, software, consumables such as, but not limited to any other consumables as defined by us) to be in good working order during the period of warranty. The period of warranty is the period stated above and commences on the day of delivery. In the event that the product is not in good working condition, The Seller will provide, during the warranty period, a free service. The warranty is subject to proof of purchase; therefore, you should retain your payment receipt (PDF invoice).
11.3 We may choose to replace your product if the cost of repair is not economical. In the case of the product no longer being available, we may choose to replace it with a similar product of the same or greater value. These values are determined by what the values are at the time of replacement.
11.4 You will be responsible for the cost of having the product checked/repaired if the fault of the product is not covered by this warranty.
11.5 It is in your best interest to make a note of your products item and batch number and this should be quoted in any communication with the Seller.
11.6 Do not return your product to the Seller without first obtaining a return authorisation form. The Seller will not accept any liability, nor pay any compensation for the loss of a particular item. You will also be responsible for the cost of return postage.
11.7 The Seller’s only obligation under warranty is the provision of the service as set out above.
11.8 You should take all reasonable precautions to safeguard your assets and property (including all software and data) and to minimise potential loss or disruption.
11.9 The warranty is not transferable to a third party.
12.0 Warranty Exclusions (what’s NOT covered):
12.1 Consumables such as batteries are not covered by the warranty.
12.2 Wear and tear, damage caused by impact, fire, theft, attempted theft, accidental or malicious, vandalism, acts of war or terrorism, corrosion, water contamination or ingress, frost, flooding or other adverse weather conditions.
12.3 Improper usage, storage or handling of the product.
12.4 A breach of the terms and conditions of this warranty or the contract terms.
12.5 Failure to follow our written instructions for the product, or those of the manufacturer.
12.6 Damage or defect due to willful negligence by anyone other than us.
12.7 Loss of quality, degradation of performance or actual damage that results from the use of spare parts of other replaceable items (such as consumables) that are neither made nor recommended by the manufacturer.
12.8 Modification to the product and/or software, by someone other than our representatives.
12.9 Connection of other fittings, accessories, equipment or software to the product which were not approved by us.
12.10 External causes out of our control which may include accidents, fire disasters or burglaries.
12.11 Faults caused by shock or fall, sand, dust, dirt, dampness or corrosion, leaky batteries, repair or cleaning by unauthorised personnel.
12.12 Any malfunctions or specific requirements of any other item of hardware or software which you added to the product that was not included in the contract.
12.13 Correction of errors for any non-Wheely-Safe or original manufacturer proprietary software.
12.14 Loss or damage of data.
12.15 Not installing any error correction that we issue for the software.
13.0 Risk and Title
13.1 The risk in the goods will pass to you on completion of the delivery.
13.2 Title of the goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
14.1 We can terminate the sale of goods under the contract where:
a) You commit a material breach of your obligations under these terms and conditions.
b) You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvency debtors;
c) You enter into a voluntary arrangement under part 1 of the Insolvency Act 1996, or any other scheme or arrangement is made with your creditors: or
d) You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respects to your assets or undertakings or any part thereof, any document filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given to you or any of your directors or by a floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced to your insolvency or possible insolvency.
15.0 Product Disclaimer
15.1 The Wheely-Safe safety system is designed as a driver assistance device and should not be used as a substitute for regular manual Wheel & tyre safety checks.
15.2 Neither the Seller nor the manufacturer will be liable for any loss damage or injury directly or indirectly arising from the use or inability to determine the use of this product. Before using, the user shall determine the suitability of the product for its intended use, and the user shall assume all responsibility and risk in connection herewith.
15.3 The driver/operator is always responsible for the condition of the wheels/tyres on their vehicle and regular pre-use visual checks are essential to stay wheel & tyre safe. All wheels and tyre pressures should be checked before any journey, when the tyres are in their cold state, using an accurate tyre pressure gauge. Whilst checking pressures it is also recommended to give the tyres a thorough inspection for any tyre damage, tread depth or uneven wear and the wheel nuts, studs and rims are damage free and in a suitable and sound for purpose condition prior to commencing the journey.
15.4 Published product details, specifications and suitability information is the best available at the time. The Seller shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any part/s.
15.5 We encourage you to ensure all parts are fitted by a competent person in accordance with manufacturer specifications. The Seller cannot be held liable for any damage caused by the fitting of a part.
15.6 Please ensure that you have read your warranty conditions before attempting to install a part or otherwise repair item. The Seller cannot be held responsible if the item is damaged or your warranty is voided. Some manufacturer guarantees may be on condition that you use a qualified technician.
Company Registration No. 07184108