1. Definitions
In these Terms:
- “Company”, “we”, “us”, “our” – MarGum Tyres Ltd, Bramble House Unit-C, Bramble Road, Swindon, SN2 8DS, United Kingdom, e-mail: margumtyresuk@gmail.com, Companies House No.: 11916143.
- “Website” – margumtyres.co.uk and any subpages.
- “Customer”, “you”, “your” – any person or entity purchasing goods from us via the Website. Where the Customer is a consumer, additional statutory rights apply.
- “Consumer” – an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
- “Business Customer” – any Customer that is not a Consumer.
- “Goods” – physical products offered for sale by us.
- “Contract” – a contract for the sale of Goods concluded between you and us under these Terms.
2. Scope of the Terms
- These Terms govern all sales of Goods made through the Website to Customers in the United Kingdom.
- Placing an order constitutes acceptance of these Terms.
- We may amend these Terms from time to time. The version applicable to your order is the version in force at the time you place your order.
3. Information About the Company
- MarGum Tyres LtdBramble House Unit-C, Bramble Road, Swindon, SN2 8DS, United Kingdom. E-mail: margumtyresuk@gmail.com Companies House No.: 11916143
4. Ordering Process and Contract Formation
- Product descriptions on the Website are invitations to treat and do not constitute an offer.
- By placing an order, you submit an offer to purchase the Goods. We will confirm receipt of your order by e-mail. This confirmation is not acceptance.
- Acceptance occurs when we send you a dispatch/shipping confirmation e-mail. At that point, a Contract is formed.
- If we cannot accept your order (e.g. because Goods are out of stock or there is an error in the price), we will notify you and will not charge you or will refund any payment taken.
5. Prices and Payments
- All prices are shown in GBP (£) and include VAT where applicable, unless stated otherwise.
- We accept payment by debit/credit card (processed via our payment gateway).
- Payment is taken at the time you place your order. Orders will not be dispatched until payment is received in full.
- We take reasonable care to ensure prices are correct; however, if a pricing error is obvious and unmistakable and could reasonably have been recognised by you as such, we may cancel the Contract and refund you.
6. Delivery
- We deliver only within the United Kingdom.
- Delivery charges and estimated delivery times are displayed during checkout.
- Delivery will be made to the address you provide. Please ensure it is accurate.
- Risk in the Goods passes to you upon delivery. Title passes once we have received full payment.
- If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, the courier may leave a note with re-delivery/collection instructions.
7. Right to Cancel (Consumers Only)
- If you are a Consumer, you have a legal right to cancel a distance Contract within 14 days without giving any reason. The cancellation period expires 14 days after the day on which you (or a third party indicated by you, other than the carrier) acquire physical possession of the Goods.
- To exercise the right to cancel, you must inform us (contact details in section 3) of your decision by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form in Appendix 1, but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Effects of cancellation:
- We will reimburse all payments received from you.
- We may make a deduction for loss in value of any Goods if the loss is the result of unnecessary handling by you.
- We will make the reimbursement without undue delay, and not later than 14 days after we receive the returned Goods or proof of return.
- We will make the reimbursement using the same means of payment you used, unless you agree otherwise.
- You must send back the Goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation.
- You will have to bear the direct cost of returning the Goods, unless we agree otherwise.
8. Returns Policy for Business Customers
- Business Customers do not benefit from statutory cooling‑off rights.
- We accept returns from Business Customers only where Goods are faulty or defective, or where we have expressly agreed in writing.
- Any agreed return must be made within 7 days of delivery, unused and in original packaging, with proof of purchase.
- Return shipping costs for Business Customer returns are borne by the Customer unless otherwise agreed.
9. Complaints Procedure and Alternative Dispute Resolution (ADR)
- You can submit complaints to us via e-mail or post (details in section 3). We aim to respond within 14 days.
- Consumers may use ADR platforms, such as the UK European Consumer Centre or other recognised ADR bodies. We are not obliged and do not undertake to use ADR, but we will consider ADR in good faith if you request it.
- The European Commission’s ODR platform (for cross-border disputes) is available at https://ec.europa.eu/odr – though post-Brexit applicability may be limited.
10. Liability
- Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
- For Consumers: We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for loss or damage that is not foreseeable.
- For Business Customers: our total liability for all claims arising out of or in connection with the Contract shall not exceed the price paid for the Goods under that Contract, and we exclude (to the fullest extent permitted by law) all implied terms, warranties and conditions.
11. Force Majeure
We shall not be liable for any failure to perform, or delay in performance of, any of our obligations where such failure or delay is due to events beyond our reasonable control (e.g. strikes, lock-outs, accidents, war, fire, flood, extreme weather, pandemics, transport interruptions, failure of suppliers or subcontractors). We will inform you as soon as reasonably possible, and our obligations will be suspended for the duration of the event.
12. Personal Data
Your personal data is processed in accordance with our Privacy Policy available on the Website. Please read it for details on how we process your data and your rights.
13. Governing Law and Jurisdiction
- These Terms, and any Contract between you and us, are governed by the laws of England and Wales.
- The courts of England and Wales shall have exclusive jurisdiction to settle any disputes, except that Consumers resident in Scotland or Northern Ireland may bring proceedings in their local courts.
14. Final Provisions
- If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be deemed severed, and the remaining provisions will continue in full force and effect.
- You may not transfer your rights or obligations under a Contract without our prior written consent. We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms.
- Headings are for convenience only and do not affect interpretation.
Appendix 1 – Model Cancellation Form (Consumers)
(Complete and return this form only if you wish to withdraw from the contract.)
To: MarGum Tyres Ltd, Bramble House Unit-C, Bramble Road, Swindon, SN2 8DS, United Kingdom
E-mail: margumtyresuk@gmail.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*):
— Ordered on (*)/received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is notified on paper):
— Date:
(*) Delete as appropriate.