Terms and Conditions

  1. INFORMATION ABOUT US
    1. www.hiqonline.co.uk is a site operated by Goodyear Dunlop Tyres (UK) Limited (we). We are registered in England and Wales under company number 223064 and with our registered office at TyreFort, 88-98 Wingfoot Way, Birmingham, B24 9HY. Our main trading address is TyreFort, 88-98 Wingfoot Way, Birmingham, B24 9HY. Our VAT number is 100159429.
  2. SERVICE AVAILABILITY
    1. Our site is only intended for use by people resident in England, Scotland and Wales. We do not accept orders from individuals outside those countries.
  3. YOUR STATUS
    1. By placing an order through our site, you warrant that:
      1. You are legally capable of entering into binding contracts;
      2. You are at least 18 years old;
      3. You are resident in the United Kingdom; and
      4. You are accessing our site from that country.
  4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
    1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you upon receipt of full payment by sending you an e-mail that confirms the availability of the Product and that we have received your payment (the Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
    2. The Contract will relate only to those Products whose availability we have confirmed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the availability of such Products has been confirmed in a separate Confirmation.
  5. YOUR RIGHT TO CANCEL
    1. You may cancel your order or Contract with us for the Products at any stage before, and up to seven (7) working days after, the Products are delivered to you by notifying the Company in writing at the address in clause 12 or by sending an email to hiqcustomerservice@hiqonline.co.uk. We will refund the amount you have paid. This right to cancel in respect of delivered Products only exists where the Products have not been fitted to a vehicle.
    2. In the event of a cancellation by you under clause 5.1 of these terms and conditions you shall be solely responsible for the return of the Products to the Company and the costs of that return and you shall indemnify the Company against any costs it incurs in relation to your return of the Products.
  6. CANCELLATION BY US
    1. 6.1 We reserve the right to cancel any Contract (or any part of the Contract) if for any reason:
      1. the Products ordered by you are no longer available; or
      2. the Products are withdrawn by the manufacturer or by us or by order of any governmental authority, in which event we will notify you by email and refund any payments you have made for that Contract or that part of the Contract.
    2. We will not be obliged to offer any additional compensation for disappointment suffered if the Contract is cancelled for any reason.
    3. We may terminate or suspend your use of our site at any time, with or without cause (including but not limited to your breach of these terms and conditions or any inappropriate or unlawful behaviour on your part), with or without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You are personally liable for any orders that you place and charges that you incur prior to termination.
    4. We reserve the right to modify, suspend or discontinue our site, the Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
    5. You agree to indemnify us and hold us harmless and our affiliates, officers, directors, employees and representatives from any and all third party claims and demands, including reasonable legal fees, for damages and/or costs due to or arising out of your breach of these terms and conditions and/or your use of our site.
  7. AVAILABILITY AND DELIVERY
    1. Any dates given for fitment of the Product are approximate only, are subject to change by us, and not guaranteed although we shall fulfil our obligations within 30 days of the date of the confirmation, unless exceptional circumstances exist.
    2. If you fail to take delivery of the Products by attending the specified fitment centre at the specified time and allowing the Products to be fitted to your Vehicle then, without prejudice to any other right or remedies available to us, we may:
      1. store the Products until actual fitment and charge you for the reasonable costs (including insurance) of storage; or
      2. sell the Products and (after deducting all reasonable storage and selling expenses) account to you for any monies received from you under the Contract;
      3. return the Products to the supplier and charge you for any costs associated with such return.
  8. RISK AND TITLE
    1. The Products will be at your risk from the time they are fitted to your vehicle.
    2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products or when the Products are fitted to your vehicle, whichever is later.
  9. PRICE AND PAYMENT
    1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
    2. These prices include VAT and fitment costs.
    3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
    4. Our site contains a large number of Products and it is always possible that despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our Confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when confirming availability of the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming availability of the Product, or reject your order and notify you of such rejection.
    5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
    6. Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, JCB, Switch, Solo and Visa Electron. We will not charge your credit or debit card until we have established that the Products are available.
  10. OUR LIABILITY
    1. If a defect is discovered in any of the Products within 60 months after their date of manufacture as marked on the Products (or, where the defect is apparent from a visual inspection, within 14 days from the date of delivery to you) and:
      1. We are notified in writing of such defect within 14 days of its discovery, and
      2. the Products are, if so required by us, delivered carriage paid to our premises (or such other premises as we may specify) for inspection within one month from the date of such notification, and
      3. the Products are defective and the defect results from our faulty materials and/or workmanship and not in any way from accident, misuse or mishandling by you or another third party, and
      4. there has been no unauthorised alteration, repair (including the use of sealants injected through the valve) or other modification or attempted alteration, repair or other modification
      we shall (at our option) either (1) refund such proportion of the purchase price of such defective Products as shall be equal to the proportion which the unexpired life of the Products bears to their total life calculated in the case of tyres by reference to the measured tread pattern depth; or (2) repair or replace such defective Products upon payment by you of an amount equal to the proportion of the purchase price of such defective Products as shall be equal to the proportion which the expired life of the products bears to their total life.
    2. The above warranty shall only apply to Products manufactured by us.
    3. Your statutory rights as a consumer are not affected.
    4. Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
    5. This does not exclude or limit in any way our liability:
      1. for death or personal injury caused by our negligence;
      2. under section 2(3) of the Consumer Protection Act 1987;
      3. for fraud or fraudulent misrepresentation; or
      4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    6. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    7. We shall be under no liability in respect of any defect in the product arising from any inaccuracy in your order.
  11. WRITTEN COMMUNICATIONS

    Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  12. NOTICES

    All notices given by you to us must be given to Goodyear Dunlop Tyres UK Limited trading as HiQ, at HiQ Online Customer Service Department, TyreFort, 88-98 Wingfoot Way, Birmingham, B24 9HY or by sending an email to hiqcustomerservice@hiqonline.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

  13. TRANSFER OF RIGHTS AND OBLIGATIONS
    1. The contract between you and us is binding on you and us and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  14. EVENTS OUTSIDE OUR CONTROL
    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 events outside our reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. Strikes, lock-outs or other industrial action.
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack war (whether declared or not) or threat or preparation for war.
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      5. Impossibility of the use of public or private telecommunications networks.
      6. The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  15. WAIVER
    1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
  16. SEVERABILITY

    If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  17. ENTIRE AGREEMENT
    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
  18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
    1. We have the right to revise and amend these terms and conditions from time to time.
    2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
  19. LAW AND JURISDICTION
    1. Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.