Terms and Conditions

ETB General CONSUMER Retail Terms & Conditions.
12/10/2023

information about us and our Goods and Services

Exhaust Tyres & Batteries (Worcester) Limited (referred to in these terms as “ETB”, “we”, “us” or “our”) and including Britannia Tyres & Silverline Tyre & Wheel is a limited company registered in England and Wales with company number 01532384 and registered office at Unit 15b Blackpole Trading Estate East, Blackpole Road, Worcester, WR3 8SG. Our UK VAT number is GB 171 5560 13.
You can find everything you need to know about us and our goods and services in clause 6 below, on https://www.etbtyres.co.uk/ (our “website”) or from our sales staff before you order. We also confirm the key information to you in writing before or after you order, either by email, in your online account or on paper.
When you buy goods and/or services from us you are agreeing that your purchase will be subject to these terms.

How to Contact Us

If you wish to contact us or have any questions about us, our goods and services, your order and/or these terms, then you may contact us as follows:

using the contact form on the “Contact Us” page of our website, where you can choose to contact your local ETB store or the ETB Head Office from the drop-down menu;
emailing us at customerservice@etbtyres.co.uk;
calling or writing to your local ETB store, by using the telephone number or address available via the “Depot Locator” page of our website; or
writing to us at Unit 15b Blackpole Trading Estate East, Blackpole Road, Worcester, WR3 8SG.

Placing Orders

You can place an order to purchase goods and/or services from us:

by attending one of our ETB stores in person, although please note:

your local ETB store opening times, which are available via the “Depot Locator” page of our website; and
in respect of “available today” goods and services, you must arrive at an ETB store and place your order no later than 4pm on a Monday to Friday or 3pm on Saturdays;

via our website, by following the on screen prompts.

We only accept orders when we have checked them

Where you place an order with us via our website, we will contact you via email to confirm we have received and accepted your order.

Sometimes we reject orders

Sometimes we reject orders, for example, because:

we have concerns that you are placing an order dishonestly, fraudulently, by impersonating someone else or by attempting to use payment terms which have been obtained illegally;
the goods you have ordered are unexpectedly out of stock;
the time you have requested us to provide services to you is unavailable;
you are located outside the UK; or
the goods and/or services were mispriced by us.

When this happens, we will let you know as soon as possible and:

where goods are out of stock, offer you alternative goods of a similar quality and value;
where we have mispriced goods and/or services, confirm with you whether you wish to proceed with your purchase for the correct price or cancel your order; or
reject your order and refund any sums you have paid.

Our Goods and Services

Whether you are purchasing goods or services from us, you will need to attend an ETB store with your vehicle so that we can fit your goods to your vehicle and/or perform services on your vehicle.
Where we have agreed an appointment for you to visit an ETB store at a specific time in order for us to provide you with goods and/or services, you must visit that ETB store punctually at the time of your appointment and, in respect of vehicle servicing services and MOT’s, no less than one hour prior to your appointment. Please note that if you do not arrive punctually in accordance with this clause 6.2, we may not be able to provide you with the goods and/or services you have ordered and you may have to re-schedule your appointment.
Where you purchase tyres from us and require us to fit these to your vehicle:

we cannot offer you a specific time for us to carry out such services and customers will be seen on a “first come first served” basis; and
where you purchase such goods and services from us via our website, you shall be given the option of visiting an ETB store in the morning or afternoon, but this does not constitute any guarantee that you will be seen at any specific time.

You may re-schedule appointments to an alternative date and time (subject to availability) provided that you give us no less than one full working day’s notice by contacting your local ETB store using the contact details at clause 2.1.3.
We will dispose of removed parts (excepting warranty & exchange parts) in accordance with current environmental regulations and legislative requirements. We reserve the right to charge you a fee for such services.
Unless we otherwise agreed with you, wheels which are removed from your vehicle to be replaced with wheels purchased from us will be left with you.
All our tyre inflation gauges are calibrated against a certified tyre pressure vessel. All inflation gauges are checked for pressure readings at 20, 30, 40 & 50 psi twice a year and documented by individual serial number. We always try to make sure your tyres are inflated to the correct pressure for your vehicle and road conditions. You must make sure that you are happy with the inflation of your tyres before leaving the ETB store. Factors such as weather, temperature and driving distance can affect the pressure of your tyres. If you are not happy with the pressure of your tyres or just want peace of mind, please return to any of our ETB stores for a free of charge check.

Charges

Depending on the goods and/or services you have ordered, we will charge you when you place your order online or when you come to collect your vehicle. Please note that you will not be able to pay over the phone for goods and/or services you have purchased from us. However, please note that we always reserve the right to charge you before providing you with any goods and/or services.
We only accept payment via PayPal and the following types of debit or credit card: Visa and Mastercard. We also accept payment in cash where you pay in store.
You will own any goods you purchase once we have received payment for them in full.
Unless we state otherwise in writing, the cost of fitting tyres is included in the charges for the tyres.

We do not normally charge you a fee to store your vehicle at the ETB store. However, if you fail to collect your vehicle within 48 hours following our completion of our services on your vehicle, we reserve the right to charge you a reasonable sum for our costs to store your vehicle. ETB shall not be liable and does not accept responsibility for any loss or damage to your vehicle after the 48 hour period has passed.
If we are unable to collect any payment you owe us, we reserve the right to charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.

All prices on our website are in pounds sterling and inclusive of VAT. If the rate of VAT changes between your order date and the date we supply our goods and/or services to you, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We are not responsible for delays outside our control

If our supply of your goods and/or services is delayed by an event outside our control, such as strikes or supply chain issues with our suppliers, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact us using the details at clause 2 to end your contract with us and receive a refund for any goods and/or services you have paid for in advance, but not received, less any reasonable costs we have already incurred.

Goods can vary slightly from their pictures

The true colour of goods may not exactly match that shown on your device or in our marketing materials. The packaging of our goods may also vary from as shown on our website or in our marketing materials.

You are responsible for making sure your measurements and Specifications are accurate

If we are making or supplying tyres or other goods to sizes, specifications or other measurements you provide, you are responsible for making sure those measurements are correct.
You can find information and tips on how to provide us with the correct measurements for your tyres on the side wall markings of your current tyre (both front and rear) and by using vehicle registration plate look up applications. We shall not be responsible or liable for any losses suffered by you as a result of any applications that you use to select the tyre sizes and/or specifications for your vehicle or by failing to provide the correct information for your vehicle.
Whenever you purchase tyre fitting services from us, we will carry out a visual inspection of your vehicle and tyres prior to starting to provide such services, in order to confirm that you have selected the correct tyres. In the event that you order the incorrect tyres, we will try to source the correct tyres and reschedule your tyre fitting appointment accordingly.

We charge you if you do not give us information we need

We reserve the right to charge you additional sums if you do not give us information we have asked for about how we can provide goods and/or services to you.

If you Purchased Goods and/or Services online, you have a legal right to change your mind. Regardless of how you Purchased Goods and/or Services, you also have rights under our guarantee at clause 15

Your legal right to change your mind. For most of our goods and services ordered online , you have a legal right to change your mind about your purchase and receive a refund of what you paid, including any delivery costs. This is subject to some conditions, as set out below.
When you cannot change your mind. You cannot change your mind about an order for:

services, once these have been completed;
goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
goods that are made to your specifications or are clearly personalised (for example, tyres where you have provided us with the specifications for such tyres); and
goods which have been fitted to your vehicle or otherwise have become mixed inseparably with other items after their delivery, including but not limited to:

oil;
washer fluid;
tyres once they have been mounted to your vehicle; and
any goods which have been fitted to your vehicle.

The deadline for changing your mind. If you change your mind about any goods or services you have purchased from us you must let us know no later than:

in respect of goods (such as tyres), 14 days after the day we deliver your goods to you; and
in respect of services (such as MOTs, servicing or part fitting services), 14 days after the day we confirm we have accepted your order, subject to clause 13.6, clause 13.7 and clause 13.8.

How to let us know you want to change your mind. To let us know you want to change your mind, contact your local ETB store using the contact details at clause 2.1.3.
You have to return goods at your own cost. If you have purchased goods from us, you have to bring your vehicle back to your local ETB store for us to remove such goods from your vehicle within 14 days of your telling us you have changed your mind. You can bring your vehicle to your local ETB store (which you can locate using the “Depot Locator” page of our website). You will need your receipt and the card you paid with.
You have to pay for services you received before you change your mind. If you purchased services from us, we do not refund you for any services which were carried out (in whole or in part) before you told us you had changed your mind.
You will not be entitled to a refund if you have used or damaged any goods. Unfortunately, we are unable to re-use or re-sell any goods you purchase once they have been used. As such, if goods you have purchased have been used (including but not limited to you using your vehicle once such goods have been fitted to your vehicle) or damaged then you will not be entitled to a refund in respect of any goods you cancel under clause 13.2.
When and how we refund you. If you have purchased goods or services from us that have not been delivered to you, we refund you as soon as possible and within 14 days of you telling us you have changed your mind. Where we issue you with a refund, we refund you by the method you used for payment. We do not charge a fee for the refund.

You have rights if there is something wrong with your Goods and/or Services

If you think there is something wrong with the goods and/or services we have provided to you, you must contact your local ETB store using the contact details at clause 2.1.3 and (where applicable) bring your vehicle into your local ETB store. We honour our legal duty to provide you with goods and/or services that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember that you may also have the benefit of our goodwill guarantee at clause 15 and you have several options for resolving disputes with us.

Summary of your key legal rights
If you have purchased goods from us, for example tyres or other parts for your vehicle, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:

Up to 30 days: if your goods are faulty, then you can get a refund.
Up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
Up to 6 years: if your goods do not last a reasonable length of time, you may be entitled to some money back. Please note that this does not guarantee that any goods we provide to you will last 6 years. The lifespan of our goods will vary and our goodwill guarantee in respect of the same is set out in clause 15 below.

If you have purchased services from us, for example an MOT, servicing or part fitting services, the Consumer Rights Act 2015 says that you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
If a price has not been agreed upfront, what you are asked to pay must be reasonable.
If a time has not been agreed upfront, it must be carried out within a reasonable time.

Our goodwill guarantee

In addition to your rights under clauses 13 and 14, we offer our UK customers a goodwill guarantee which is set out below. This goodwill guarantee does not affect your legal rights if there is something wrong with the goods and/or services we have provided (for more information on those rights please see clause 14).

General Guarantee Conditions

Our goodwill guarantee:

shall apply from the date of your original purchase of your goods and/or services;
is only available to the person who made the original purchase and is not transferable. We may require you to provide us with your invoice, as proof of purchase, and your ID before carrying out work under our guarantee;
covers all goods originally purchased at an ETB store;
does not cover:

goods failing as a result of fire, theft or criminal or malicious damage;
goods which have been used for motorsport, hire vehicles, taxis or any other commercial purposes;
goods which have been removed from the vehicle or adjusted by any person other than an authorised ETB employee;
goods which have been repaired by a garage or individual other than an authorised ETB employee without our prior written approval;
any defect caused by reasonable wear, tear or corrosion, or any costs incurred through loss of use, including but not limited to the natural surface deterioration of chromed and chromed effect exhaust parts;
any defect relating or connected to vehicle wheel alignment, as this can be affected by road conditions and driving circumstances;

does not entitle you to any financial remedy as a result of any losses you may have incurred of any defective goods, other than any refunds specified below;
is subject to any applicable manufacturer’s conditions of sale.

To make a claim under our goodwill guarantee, you must return your vehicle or part to the ETB centre concerned together with your original receipt and any other paperwork provided to you as well as proof of identity. Any faulty goods must be returned to us for inspection.

Tyres Lifetime Guarantee

All new tyres are covered against manufacturing defects throughout the legal life of the tyre.
Any tyres which you claim to be defective may have to be returned to the manufacturer for inspection, in which case we will follow the standard procedure laid down by the British Tyre Manufacturers Association:

we will offer you the option of purchasing replacement tyres while the original tyres are sent to the manufacturer for analysis;
if the manufacturer confirms that the tyres are defective, we will refund you a percentage of the cost of the original tyres, calculated by assessing the tread used, provided the tread depth exceeds the minimum legal requirements.

Batteries

All batteries come with a 3 or 5 year unlimited mileage guarantee. The level of cover will be detailed on your invoice, and in either event will include the labour required to honour this guarantee.
Before we carry out any work on your battery under our goodwill guarantee, we will conduct a full inspection of your vehicle’s charging system and if any defects with the vehicle which affects the battery are present, these must be rectified before we carry out any work on your battery under our goodwill guarantee.
Please note that we will consider our goodwill guarantee void if you fail to authorise the fitting of all additional parts or work considered necessary to restore your battery system to its proper working condition.

Brakes

For the first 12 months following the date of your original purchase or at any point during your vehicle’s first 12,000 miles after such brakes have been fitted, whichever comes first, we will repair or replace (at our discretion) any defective brake parts and reassemble them on your vehicle free of charge (including labour).
Before we carry out any work on your battery under our goodwill guarantee, we will conduct a full inspection of your vehicle’s braking system and if any defects with the vehicle which affect the braking system are present, these must be rectified before we carry out any work on your braking system under our goodwill guarantee.
Please note that we will consider our goodwill guarantee void if you fail to authorise the fitting of all additional parts or work considered necessary to restore your braking system to its proper working condition.

Exhausts and Catalytic Convertors

All exhausts and catalytic convertors come with a 12 or 24 month unlimited mileage guarantee which will be specified on your invoice. If your exhaust or catalytic convertor becomes defective during such 12 or 24 month period (as applicable), we will repair or replace (at our discretion) any defective parts and reassemble them on your vehicle free of charge (including labour).
Any exhaust part which you claim to be defective may have to be returned to the manufacturer for inspection.
Before we carry out any work on your exhaust or catalytic convertor under our goodwill guarantee, we will conduct a full inspection of your vehicle and if any defects with the vehicle which affect the exhaust or catalytic convertor are present, these must be rectified before we carry out any work on your exhaust or catalytic convertor under our goodwill guarantee.
Please note that we may also require you to have your vehicle engine management system checked to ensure that it is in good working order.

Vehicle service and parts

We offer a “full” and “interim” ETB menu service for your vehicle, which may differ from a manufacturer’s service.
All service parts or any other mechanical parts fitted by us to your vehicle as part of any vehicle servicing are manufacturer original equipment approved components and are guaranteed (unless otherwise stated in these terms) for the first 12 months following the date of your original purchase or at any point during your vehicle’s first 12,000 miles after such parts have been fitted, whichever comes first.
If any service parts or mechanical parts as described above in clause 15.17 become defective during such period, we will repair or replace (at our discretion) any defective parts and reassemble them on your vehicle free of charge (including labour).
Before we carry out any work on your service parts or mechanical parts under our goodwill guarantee, we will conduct a full inspection of your vehicle and if any defects with the vehicle which affect such service parts or mechanical parts are present, these must be rectified before we carry out any work on such service parts or mechanical parts under our goodwill guarantee.

Shock Absorbers

All shock absorbers come with a 12 month unlimited mileage guarantee.
If your shock absorbers become defective during such 12 month period, we will repair or replace (at our discretion) any defective parts and reassemble them on your vehicle free of charge (including labour).
Before we carry out any work on your shock absorbers under our goodwill guarantee, we will conduct a full inspection of your vehicle and if any defects with the vehicle which affect the shock absorbers are present, these must be rectified before we carry out any work on your shock absorbers under our goodwill guarantee.

We can change these Terms and our Goods and/or Services

We can always change our terms and/or any of our goods and/or services:

to reflect changes in relevant laws and regulatory requirements;
to make minor technical adjustments and improvements, for example to address a security or safety risk. These are changes that do not materially affect your use of the goods and/or services.

We can also withdraw and/or change the price of any of our goods and/or services, but if we do so we will notify you and you can contact your local ETB store using the details in clause 2.1.3 to either:

in the case of a change of price, confirm that you wish to proceed with your contract subject to the new amended price;
in the case of withdrawn goods and/or services, purchase alternative goods and/or services from us (although you may not be able to do so for the same price as the withdrawn goods and/or services); or
end your contract with us and receive a refund for any goods and/or services that you have paid for in advance but not received.

We can suspend supply (and you have rights if we do)

We can suspend the supply of goods and/or services. We may do this to:

deal with technical problems or make minor technical changes;
update goods and/or services to reflect changes in relevant laws and regulatory requirements; or
make other changes to goods and/or services (please see clause 16.2).

We will contact you in advance to tell you we are suspending the supply of any goods and/or services, unless the problem is urgent or an emergency. If we suspend the supply of any goods and/or services, or tell you we are going to suspend supply of any goods and/or services, for a significant period of time, you can contact your local ETB store using the details in clause 2.1.3 to cancel your order and we will refund any sums you have paid in advance for goods and/or services you have not received.

We can end our contract with you

We can end our contract with you and claim any compensation due to us if:

you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the goods and/or services; or
you do not, within a reasonable time, either:

attend your local ETB store with your vehicle so we can fit your goods to your vehicle and/or carry out the services on your vehicle; or
attend your local ETB store to collect your vehicle after we have provided you with goods and/or services.

We do not compensate you for all losses caused by us or our Goods and/or Services

We are responsible for losses you suffer caused by us breaching this contract, unless the loss is:

unexpected, as in it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
caused by a delaying event outside our control, as long as we have taken the steps set out in clause 9;
avoidable, as in it was something you could have avoided by taking reasonable action;
a business loss, as in it relates to your use of our goods and/or services for the purposes of your trade, business, craft or profession.

If you suffer any loss or damage due to us breaching this contract, we will try to remedy the problem promptly and efficiently. However, to ensure we have the opportunity to put things right, you must:

inform us of any issues as soon as possible.
provide us with a reasonable opportunity to resolve the problem (such as providing us with access to your vehicle by taking it to your local ETB store so that we can inspect any alleged defective goods);
take reasonable steps to minimise or avoid any further loss or damage.

We use your personal data as set out in our Customer Privacy Policy

How we use any personal data you give us is set out in our Privacy Policy: www.etbtyres.co.uk/privacy

You have several options for resolving disputes with us

Our complaints policy. Our customer service team can be contacted using the details in clause 2.1.2 and will do their best to resolve any problems you have with us or our goods and/or services. In the first instance, please contact your local ETB store in writing using the details available via clause 2.1.3 to raise any complaints. This procedure ensures that we have a written copy of your complaint, which will be available to the Branch Manager, the Regional Manager and the Retail Director and will help ensure a fast, fair and amicable resolution.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

Unless otherwise stated, any discounts or promotional vouchers are valid in-store only and exclude internet prices, advertised prices and special offer prices and cannot be used in conjunction with any other offers and must contain a “valid to” date.
All quotations that we provide for any services are valid for 14 days from the date of issue, unless they include a specific promotional offer which has an earlier expiry date. Once we have begun to perform the services you have purchased from us, we will inform you as soon as possible of any additional services which may be required and, if you request us to do so, we will produce a new printed quotation in respect of the same. We will only carry out such additional services with your agreement.
We can transfer our contract with you, so that a different organisation is responsible for supplying your goods and/or services. We will contact you to let you know if we plan to do this.
You can only transfer your contract with us to someone else if we agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.