Terms and Conditions
1. Contracting Party
2. How To Contact Us
3. In-Centre MOT and Service Bookings
4. Order Acceptance (Online Ordering)
5. Mobile Service Bookings
6. Mobile Services – Access to Your Vehicle
7. Movement of Online Bookings
8. Supply and Service Performance Dates
9. Locale
10. Approved Partner Sites
11. Products
12. Specification of Products and Services
13. Price
14. Quotations
15. Payment
16. Ownership of Products
17. Removal of Parts
18. Removal of Wheels
19. Guarantees
20. Suspension of Work
21. Storage Charges
22. Tyre Hotel
23. Liability for Damage to Products
24. Liability for Structural Defects
25. Our Responsibility for Death or Personal Injury
26. Our Other Responsibilities to You
27. Complaints
28. Allowing Us the Opportunity to Put Things Right
29. Termination due to Delay
30. Contract Termination
31. How to End Your Contract
32. Cancellations and Refunds
33. Trademarks
34. Data Protection
35. Third Party Rights
36. Severance
37. Assignment
38. Variations to these Terms and Conditions
39. Entire Agreement
40. Governing Law & Jurisdiction
Terms and Conditions
Products and services (the ‘Products and Services’) are supplied by us subject to the following terms and conditions and it is important that you read these before contracting with us so that you understand your rights and obligations.
1. Contracting Party
By placing an order (‘Order’) you will be entering into a legally binding contract with Merlin Motors Huddersfield Limited (company registration number 14921206; VAT number GB443569082), whose registered office address is Merlin Motors Huddersfield Ltd, 45 Scar Lane, Huddersfield, HD3 4QH for the supply the Products and Services.
2. How To Contact Us
a) complete our contact form at www.merlinmotors.co.uk/contact-us
b) call Customer Care on 01484 644810
c) write to us at Merlin Motors Huddersfield Ltd, 45 Scar Lane, Huddersfield, HD3 4QH
3. In-Centre MOT and Service Bookings
a) Specific times may be booked for MOTs. If you have selected a specific time, please be punctual or our ability to offer the MOT on that day may be impacted.
b) For servicing, your vehicle should be with Us before 9am, unless otherwise advised by Us.
4. Order Acceptance
a) Acceptance of your Order will take place when We e-mail you to accept it, at which point a contract will come into existence between you and Us.
b) If We are unable to accept your Order, we will inform you of this in writing and will not charge you for the Products. This might be because the Product you have ordered is out of stock or because of unexpected limits on Our resources.
c) We retain the right to refuse to accept your Order solely at Our discretion. If there is concern that there is an attempt to place an Order dishonestly, fraudulently, by impersonating someone else or by attempting to use payment details which have been stolen, we will make additional checks and if appropriate involve external authorities.
5. Mobile Service Bookings
a) If you have ordered tyres for fitting by a mobile van, on the day of your booking, our mobile technician will call you when they are on the way to your location.
Fitting appointment times offered by mobile units can be selected at the point of booking. Slot availability is dependent on location.
We will do Our best to ensure that our mobile unit arrives with you during the agreed time period and to complete the work within the estimated time given to you, however, We cannot guarantee the time of the booking. We will inform you as soon as reasonably practicable of any delays or complications.
b) The fitting of tyres or wheels to your vehicle will be subject to a visual inspection of your vehicle, wheels and tyres prior to the work starting. This ensures you have selected the correct tyre and wheel specifications for your vehicle.
6. Mobile Services – Access to your Vehicle
a) You must be present your vehicle at the address listed and at the time specified within the Order. You must provide Us with free and prompt access to your vehicle to enable Us to deliver the Products and carry out the Services.
7. Movement of Bookings
a) Appointments can be rescheduled to an alternative date (subject to availability) provided one clear working day is allowed between rescheduling and the original appointment (e.g. appointments for Thursday can be rescheduled up to midnight on Tuesday).
8. Supply and Service Performance Dates
a) Any dates for supply of the Products and/or performance of the Services are estimates and whilst We will always try to meet those dates, we will not be liable for any minor delays or failures. In particular, we will not be liable for any delays caused by circumstances beyond Our reasonable control, including but not limited to, adverse weather conditions, staff illness or a general market shortage of particular Products.
9. Locale
a) Website purchases of Products and Services may only be made by residents of, and/or individuals, located in the United Kingdom
b) All Services ordered or booked on the website are either carried out by us at our premises in Huddersfield, UK or by one of Our mobile fitting vehicles at a location agreed by Us. Mobile fittings may not be available in some locations.
10. Approved Partner Sites
a) We may offer you the choice of booking a visit into a non-Merlin Motors branded partner centre. We do this to add to the geographical coverage of Our offering. In the event that We do this:
i. the centre will be clearly shown online as being an approved partner of Ours.
ii. We shall ensure that the standard of service offered to you in such partner centre is of the same high standard as in Our branded centres.
iii. the contract concluded through the website as a result of you choosing to book a visit into a non-Merlin Motors branded partner centre will always be between you and Us and any contact, or in the unlikely event of a complaint, should be directed to Us as shown on the website; and
iv. these terms and conditions will apply fully to all such contracts.
11. Products
a) Products may vary slightly from their online pictures. The images of the Products on Our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, your Product may vary slightly from those images.
b) Customers ordering tyres online or phone for fitment, either by one of Our mobile units or at our garage, should verify the tyre size and specification currently fitted to their vehicle before placing their online order for tyres with Us. If incorrect tyres are ordered by you, we will assist you in sourcing the correct tyres and re-schedule the fitting appointment.
12. Specification of Products and Services
a) All Products supplied will correspond with any specification provided by Us and be of satisfactory quality and fit for purpose. We may, after the date of the contract, make reasonable changes to the specification of any Products or Services where that is required to ensure compliance with any applicable law or code of practice and/or where those changes do not result in any reduction to the standard, quality or performance of the Products or Services in question or otherwise place you at any disadvantage.
b) All Services will be performed by Us using all reasonable skill, care and diligence.
13. Price
a) The price of the Products and/or Services is for retail/trade customers only, inclusive of VAT will be the pounds sterling price stated on your Order. Unless explicitly stated, the cost of fitting any Products purchased is included in the price.
b) Our website contains a large number of Products and Services, and it is always possible that, despite Our best efforts, some of the Products and/or Services listed on this website are incorrectly priced. We verify the prices included in your Order to Us as part of Our processing procedures so that, where Products and/or Services are incorrectly priced We may, at Our discretion, either contact you for your instructions in relation to your Order or reject your Order and notify you of such rejection.
c) We reserve the right, before the relevant contract is formed in accordance with these terms and conditions, to change the price of the Products and Services.
d) We shall be entitled to adjust the price payable by you to reflect any changes which are made to the rate of VAT between the point of Order and the completion of the work.
14. Quotations
a) All quotations are valid for 7 days from the date of issue, unless they include a specific promotional offer which has an earlier expiry date. The expiry date of promotional offers will be clearly marked.
b) Once Services have started you will be informed immediately of any additional work identified. A new printed quotation will be produced on request and additional work will only be carried out with your agreement.
15. Payment
a) For Products and Services ordered, payment will be taken when you place an Order.
b) For drive-in customers or for additional work undertaken for online customers, payment in full is required on completion of the work and prior to removal of the vehicle.
16. Ownership of Products
a) All Products supplied remain Our property until paid for by you in full although this retention of ownership will not affect any claim which We may have against you for the payment of any overdue amount.
17. Removal of Parts
a) With the exception of warranty and service exchange parts, removed parts will be disposed by Us. Disposal will be in accordance with current environmental regulations and legislative requirements. A fee may be charged for this service.
18. Removal of Wheels
a) Wheels which are removed from your vehicle to be replaced with alloy wheels purchased from Us will be left with you, unless otherwise agreed with Us.
19. Guarantees
a) The guarantees provided by Us as set out https://www.merlinmotors.co.uk/guarantees apply from the date of original purchase.
b) Guarantees are not transferable and only apply to the person who made the original purchase. Please ensure you retain your invoice, as proof of purchase is necessary before work can be carried out under the guarantees.
c) All Our guarantees are in addition to your statutory rights.
d) You must notify Us of any guarantee claim as soon as reasonably possible after becoming aware of the fault or issue in question. Take your vehicle or part to our garage together with your guarantee, your original receipt and any other paperwork provided to you. Please be sure to keep your original paperwork safe as a failure to produce this could impact on your ability to claim.
20. Suspension of Work
a) If We suspend or delay the supply of any Products and/or the performance of any Services at your request or as a direct result of any breach by you of your obligations under this contract (for example, in the case of a mobile service, where you have failed to provide the correct address details, or you are not present at the address listed and at the time specified within the Order) then in addition to the original price payable by you, We reserve the right to charge you a reasonable additional amount to cover any unavoidable, or irrecoverable costs and/or expenses incurred by Us as a direct result of its suspension or delay in those circumstances.
21. Storage Charges
a) Storage charges will be payable to Us in relation to any abandoned vehicles or vehicles not collected from Us for a period of 30 days following work completion of the work undertaken by Us on that vehicle. If the job is cancelled and vehicle is left at our premises or abandoned, storage charges will still apply. We charge a fixed rate at £60+vat storage charges per day.
23. Liability for Damage to Products
a) Once any Products have been supplied you will become liable for any loss or damage to those Products unless such loss or damage was caused by Us.
24. Liability for Structural Defects
a) We will not be liable for any damage to your vehicle which is caused as a direct result of structural defects or weaknesses unless that damage is caused as a direct result of a breach of Our obligations in this contract.
26. Our other Responsibilities to You
a) If We breach any of Our obligations owed to you then We accept responsibility for any loss or damage which you may suffer as a direct result of Our breach, and which was reasonably foreseeable on the date of the Order.
b) We do not though accept any responsibility for loss or damage which is not caused as a direct result of a breach by Us of Our obligations (including liability for any loss of earnings) or which was not reasonably foreseeable on the date of the Order.
c) We do not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under this contract and/or due to circumstances beyond Our reasonable control.
27. Complaints
a) We are under a legal duty to supply Products and Services that are in conformity with the contract. If you have a complaint and/or are not satisfied with the Products or Services you have been supplied with, please contact Our Customer Care department using the contact details provided above.
b) If, having contacted Our Customer Care department you are still not satisfied with the Products or Services received from Us, please ask Our Customer Care department for details of the Alternative Dispute Resolution Scheme that We participate in.
28. Allowing Us the Opportunity to Put Things Right
a) If you suffer any loss or damage for which We are responsible then you must afford Us a reasonable opportunity to remedy the problem and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of Our breach of contract.
b) We will not be responsible for any loss or damage if you fail to afford Us a reasonable opportunity to put it right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.
29. Termination Due to Delay
a) You have the right to terminate your contract without reason and at no cost at any time before actual supply of the Products and/or performance of the Services and during a limited period following supply and/or performance – the cancellation terms are listed in clause 31 and set out full details of these rights and how you can exercise them.
b) If We fail to supply the Products and/or complete the performance of the Services by any dates agreed with you then, provided that the delay is not as a direct result of any breach by you of any of your obligations under this contract (such as you failing to allow Us access to your vehicle, in the case of a mobile service booking) and/or due to circumstances beyond Our reasonable control, you may request in writing that We complete all supply of Products and/or performance of Services within a further reasonable time period. If We then fail to complete all supply of Products and performance of Services within the reasonable time period specified by you, you will then have the option to terminate this contract due to Our breach.
30. Contract Termination
a) Unless terminated earlier in accordance with its provisions, this contract will automatically terminate on the last day of the applicable guarantee period.
b) Any termination of this contract will not affect any claim, cause of action or liability which may have arisen before the date of termination.
31. How To End Your Contract
a) Phone or email. Call customer care on 01484 644810 or email Us at sales@merlinmotors.co.uk. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
32. Cancellations and Refunds
a) For Services: you can cancel this contract during a “cooling-off period” of up to 14 days after the day on which We accept your Order.
b) For MOTs: you can cancel this contract during a “cooling-off period” of up to 14 days (or up to 4pm on the day before the MOT appointment if this is earlier than 14 days) after the day on which We accept your order.
c) For Products: you can cancel this contract during a “cooling-off period” of up to 14 days after the day on which the Products have been supplied.
d) By entering into this contract, you agree that We can on your request start work before your cooling-off period ends in which case you may lose the right to cancel.
e) If you decide to cancel this contract after We have started the supply of Products and Services to you, We reserve the right to charge you for any Products or Services supplied and We shall be entitled to charge you a reasonable amount in respect of any costs and expenses which We may have incurred in providing or arranging any services before you cancelled.
f) We will refund you the price you paid for the Products including any applicable costs (including but not limited to necessary delivery and handling costs), by the method you used for payment. These exclude any parts that have been specially ordered which may not be returnable.
33. Trademarks
a) All trademarks, service marks, and trade names that appear on this website are proprietary to Merlin Motors Huddersfield Limited, companies within its group, or other respective owners. Trademarks should not be copied without Our prior written permission.
34. Data Protection
a) Where you provide your personal data to Us or We otherwise process personal data about you in connection with these Terms and Conditions or the provision of Products or Services, we shall process your personal data in accordance with Our Privacy Policy. Our Privacy Policy is accessible at [https://www.merlinmotors.co.uk/privacy-policy
35. Third Party Rights
a) Only you and Us shall be entitled to enforce this contract. No third party shall be entitled to enforce any of the terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
36. Severance
a) If a court finds part of this contract illegal, the rest will continue in force.
b) Each of the paragraphs of these terms operates separately.
c) If any court or relevant authority decides that any of the terms or paragraphs are unlawful, the remaining terms and paragraphs will remain in full force and effect.
37. Assignment
a) We may assign or sub-contract some or all of Our rights and obligations under this contract from time to time, but any such assignment or sub-contracting will only be in circumstances which do not prejudice your rights under this contract.
38. Variations to these Terms & Conditions
a) Other than in the limited circumstances detailed in these terms and conditions where We may make certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between you and Us in writing.
39. Entire Agreement
a) These Terms and Conditions, together with any documents referred to or incorporated into it constitute the entire agreement between you and Us and supersede all prior communications and proposals.
40. Governing Law & Jurisdiction
a) These terms are governed by English law.
V. 01.10.2023