CONSUMER TERMS AND CONDITIONS
These terms and conditions apply to any Services or Products that we, ATS Euromaster Limited (“us”,” we” or “our”), supply to you and they set out what our responsibilities are to you. Please read them carefully.
If you are a retail customer these are the only terms and conditions that apply to our supply of Services or Products to you. If you want them changed, or for other conditions to apply, you must agree them in writing with us first.
If you are dealing with us in the course of your own or your employer’s business then these terms and conditions do not apply to you and you must refer to our trade terms and conditions. Our trade terms and conditions also apply to any Products or Services provided in relation to a vehicle, which is used for commercial or business purposes (for example, taxis and driving school cars) or which is owned by a business or company.
1. MEANINGS
When reading these terms and conditions, the following words and expressions shall have the following meanings:
Mobile Service means the provision of tyres and tyre fitting services at a location other than a Service Centre by a mobile service technician;
Product(s) means all products and parts (such as tyres, brake discs etc.) sold by us to you, including any parts or products which are supplied as part of any services that we carry out.
Service Centre mean an ATS Euromaster service centre; and
Service(s) means all services and repairs which we carry out, including the supply and fitting of Products.
2. EXCLUSIONS
PLEASE NOTE THESE EXCLUSIONS. THEY ARE IMPORTANT. YOU SHOULD READ ALL THESE TERMS AND CONDITIONS AS OTHER EXCLUSIONS DO APPLY.
We will be legally responsible to you if our negligence causes death or personal injury.
Subject to the limitations and exclusions set out in these terms and conditions, we accept liability for any direct loss or damage you may suffer as a result of our negligence or beach of these terms and conditions provided such loss or damage was reasonably foreseeable on the date on which you placed your order.
We will not be liable for any loss or damage suffered which is nor a direct result of our negligence or beach of these terms and conditions or which was not reasonably foreseeable at the date on which you placed your order.
We will not under any circumstances be liable for any loss of income, business profits, lost business or missed opportunities, loss of use or inconvenience, or other financial loss whether direct or indirect.
We will not be responsible if we cannot carry out our duties because of circumstances beyond our reasonable control.
We will not be responsible for any damage caused in carrying out any Services if this is caused by:
- the vehicle’s condition
- it having been incorrectly maintained or modified
- any previous servicing or repairs which have not been properly carried out
- any parts that have been wrongly fitted by someone other than us• some other reason not in our control
3. YOUR DUTY TO MITIGATE ANY LOSS OR DAMAGE
If you suffer damage or loss as a result of our negligence or breach of these terms and conditions you must allow us a reasonable opportunity to remedy that damage or loss. You must also take reasonable steps to minimise any damage or loss suffered as a result of our negligence or breach of these terms and conditions.
We will not be liable for any damage or loss if you fail to allow us a reasonable opportunity to remedy that damage or loss. We will not be liable for any damage or loss to the extent that you fail to take reasonable steps to minimise that damage or loss.
4. ESTIMATES
We will always try to give accurate estimates for the prices of Products or Services. We will not start work on the vehicle until you agree the estimate.
The prices that we quote for any Product will be current at the time that of our estimate. However, if the cost to us of the Product increases between the time of the estimate and the time we supply the Product, we may adjust the price. We will always tell you if the price has increased and you shall not be obliged to buy any Product at a higher price than originally quoted.
If during the provision of any Services we discover that the work we have to do will exceed the estimate, we will ask for your agreement to continue the provision of the Services on the basis of a revised estimate. You do not have to agree any revised estimate and, if you choose to cancel the work, we will return your vehicle as nearly as possible in the same condition as it was prior to the provision of the Services.
We will not be responsible for any loss or damage that is caused as a consequence of your cancelling work or instructing us not to carry out work that we have recommended.
5. RECOMMENDATIONS
As part of any Service we will carry out the inspections described in our Vehicle Health Check. We will then make a recommendation to you based on the inspection we have undertaken. We will not start any work identified as a result of the vehicle health check until you have approved the work and any estimate.
We will not be responsible for any loss or damage caused by anything which we did not find on our inspection unless it should have been found by the actual inspection we conducted. We shall not be responsible for conducting any other inspections other than those detailed in the vehicle health check.
6. DEPOSITS
A deposit may be required for certain orders, if this is the case you will be advised accordingly. Deposits paid on specially ordered items are non-refundable.
7. CANCELLATION AND REFUNDS
Where you purchase Products or Services online, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a “cooling-off period” of up to 14 days in which to cancel the order and receive a full refund of any monies paid. In the case of Products, the “cooling-off period” is 14 days from the date on which the Products are supplied. In the case of Services the “cooling-off period” is 14 days from the date of your order.
Where you place an order for the provision of Services within the 14 day cooling-off period, you consent to us providing those Services within the cooling-off period.
Notwithstanding the 14 day cooling-off period, where you exercise your right to cancel after Products have been supplied and fitted, or where the appointment for Services takes place before the expiry of the 14 day cooling-off period, as set out below, you may not be entitled to a full refund or any refund at all.
- Products – You can cancel and obtain a full refund at any point up until such time as the Products have been fitted to your vehicle. Once Products have been fitted you will not be entitled to any refund even if you are still within the “cooling off” period as the Products will be “used” and we will not be able to resell them.
- Mobile Service – You can cancel or rearrange your order at any time up until the time of your appointment. If you cancel before we send you the order confirmation email (as to which please see our Website Terms and Conditions) you will receive a full refund. If you cancel or rearrange after we send you the order confirmation email, we reserve the right to charge you a reasonable amount in respect of any costs and expenses which we have incurred in providing or arranging for the provision of the Mobile Service, which will be entitled to deduct from any refund.
- MOTs, servicing, wheel alignment, oil change and other Services – You can cancel at any time up until the Services are provided.
- MasterService Tyre Care Warranty - You can cancel at any time before the later of the expiry of (1) the 14 day “cooling-off period”, or (2) the date 14 days after the date on which the tyre purchased with benefit of the MasterService Warranty was fitted, provided that, in either case, no claim has been made under the warranty.
In any event, where you cancel an order for Services after we have started the supply of Services, we reserve the right to charge you for any Services provided, which will include any Products supplied as part of the Services and a reasonable amount in respect of any costs and expenses which we have incurred in providing or arranging for the provision of the Services before you cancelled, which will be entitled to deduct from any refund
To cancel your order or rearrange an appointment:
- where you have booked an appointment with a Service Centre for the provision of Product and/or Services please contact the Service Centre; alternatively
- Where you appointment is with our Mobile Service please contact our GoTo Mobile Team (tel. 0800 505505).
Where payment is made by you using a credit or debit card and a refund becomes payable, the refund must be made to the card used when you placed your order.
8. TIME
We will try to carry out any Services or deliver and fit Products within the time we have agreed or, if no time is agreed, within a reasonable period. However, if we are late or cannot carry out the Service or the delivery or fitting of Products, we will have no liability or responsibility to you for any loss or any inconvenience you may suffer as a result.
If the carrying out of any Service or the delivery or fitting of Products has been arranged to be carried out by one of our mobile fitters and our mobile fitter does not attend at the location and between the times we have agreed with you, we shall pay you compensation limited to £10. We shall have no other liability or responsibility to you for any loss or inconvenience that you may suffer as a result of our mobile fitter not attending or not attending within the agreed times.
9. PAYING US
You must pay us for any Service carried out and Products supplied before you remove your vehicle from our premises. If any Service is carried out or Products supplied away from our premises then you must pay us before we release your vehicle to you.
We have the right to exercise a lien over your vehicle for any outstanding charges for Products and/or Services supplied, or storage charges incurred, in relation to the vehicle. We may retain possession of the vehicle until all amounts due have been paid in full, including any accrued interest or fees as permitted by law. Further, in the event of non-payment, we reserves the right to take appropriate legal action to enforce the lien, including but not limited to selling the vehicle in accordance with applicable laws to recover the amounts owed. We will notify you in writing of any outstanding amounts and the intention to exercise the lien, providing a reasonable opportunity to settle the debt before any further action is taken.
Our charges are subject to VAT at the current rate. If payment is not made on time, we may charge simple interest at 5% a year above our bank’s current base rate from time to time calculated on a daily basis.
10. COLLECTING PROPERTY
If a vehicle is not collected by the time that we close on the day we advise you that the Services have been completed we may store it or, if we choose, have it stored by somebody else. If we arrange to have your vehicle stored by somebody else, or if vehicle remains uncollected for a period exceeding 2 (two) days after we have advised you that it is ready for collection, we shall be entitled to charge you storage charges. Such charges shall be determined as a reasonable amount based on the circumstances, including but not limited to the size of the vehicle, duration of storage, and prevailing market rates. Any cost of storage will be added to our charge for the Products and/or Services.
Notwithstanding the above, we will not be required to store any vehicle left with us in secure premises and, if we think that a vehicle is not going to be collected then we may, if we choose, park the vehicle on the public highway. We shall have no liability or responsibility to you for any losses that you suffer as a consequence of any vehicle being left or parked on our premises or stored by us as long as we have ensured that the vehicle is locked and, if left on the public highway, safely parked.
If you leave any other item with us but fail to collect it after three months, we may dispose of that item as we see fit and we shall not be accountable to you for its value. In any event, we shall not be responsible for loss of or damage to any items or other goods left on our premises.
11. OWNERSHIP OF PRODUCTS
Any Products we sell to you will not belong to you until you have paid for them and any related Services in full. If payment is not made on time we may remove from the vehicle any Products we have fitted.
12. REPLACED ITEMS
All items replaced by us during the provision of any Services become our property. We may deal with such items as we see fit.
13. HEALTH AND SAFETY
Our premises contain equipment and substances, which are potentially dangerous. As a consequence, you must comply with any instructions given by our staff and any cautionary notices which are displayed at our premises.
You must comply with any instructions relating to the use, care and maintenance of any Products that we supply.
14. GUARANTEE
Products and Services are covered by the ATS Euromaster Guarantee, the terms and conditions of which can be found at https://www.atseuromaster.co.uk/terms-conditions/guarantee-terms-and-conditions. The ATS Euromaster Guarantee is also subject to these terms and conditions.
15. YOUR STATUTORY RIGHTS
These terms and conditions and the terms of our guarantee do not affect your statutory rights as a consumer.
If you are a consumer, any Products we supply must (i) match the description we give them (ii) be of satisfactory quality and (iii) be fit for their purposes. Any Service we provide must be carried out to a reasonable standard.
You should contact your local Trading Standards Department or Citizens’ Advice Bureau if you need any more information about your statutory rights.
16. DATA PROTECTION
Any personal information that you provide to us is used only to:
- enable us to meet our obligations to you
- let you know of products or special offers that may be of interest to you
- to administer and improve our services
We may use third parties or credit reference agencies to help us meet our obligations to you, make decisions or to prevent fraud. We may give information about you, your account and your financial affairs to these third parties and agencies who may share this information with their customers.
For further information as to how we use personal data please see the ATS Euromaster Privacy Notice which can be found at https://www.atseuromaster.co.uk/consumer/privacy-policy.
If you phone us, we may monitor or record your call for training and security purposes.
17. LAW
These terms and conditions are governed by and interpreted in accordance with English law. In the event of any matter or dispute arising out of or in connection with these terms and conditions, including as to their application, subject matter or formation, you and we shall submit to the exclusive jurisdiction of the English courts, except if you are a resident of Scotland when you may also bring proceeding in Scotland.
CONTACTING US
Your first point of contact with any enquiries or complaints should be your local Service Centre Manager.
Alternatively, you can call us on 0870 608 8668
If you need to write to us then you should write to:
ATS Euromaster Limited
Customer Relations Team
First Floor
Aqueous II
Aston Cross Business Village
Birmingham
B6 5RQ
Email: customer.relationship@ats.euromaster.com