Welcome to the JBW NEW terms and conditions, pre-contract information which apply to your use & purchace from JBW Website . By accessing this Website, you agree to be bound by them.
"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)2 means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means JBW , "Website" means the website located at https://www.johnbrownwheels.com or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.
We will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
4 OUR RIGHTS:
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS:
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7 YOUR DATA:
7.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE:
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 The Website is Copyright, JBW , 2003. All rights reserved.
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to JBW Unit 1 Cornwood Farm Napton Road Stockton Warwickshire CV47 8HU United Kingdom;
9.1.2 by email to firstname.lastname@example.org
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
10 LIMITATION OF LIABILITY:
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under United Kingdom law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT:
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
The Conditions will be exclusively governed by and construed in accordance with the laws of United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
15 CONTRACT WITH CUSTOMER:
A contract only exists between JBW and the Customer once a product (and any applicable delivery costs) has been paid for in full and the Customer has received a confirmation of despatch email (the order confirmation email, which you will receive first does not constitute a contract). We require payment in full before despatch of goods.
16 COOLING OFF PERIOD: (UK mainland Only)
Under the Distance Selling Regulations you have anytime within 14 working days cooling-off period starting from the day after receipt to cancel the order for all consumer contract transactions excluding trade/business transactions, all item/s which have been specially ordered for you or manufactured to your own specifications, delivery charges*, unsealed software or movies and perishable items.
*We will refund the price of the product/s in full, including the cost of sending the item to you.
To return your product you must send us written confirmation within the cooling-off period. You will be responsible for the cost of returning the items (or our costs for collecting them) and they must be returned complete and as new as otherwise a handling or surcharge charge may apply at our discretion. You have a legal obligation to take reasonable care of the Product/s while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation or we may apply a handing or surcharge to re-cover these costs at our discretion.
All prices on the site are inclusive of VAT and are in pounds sterling (£). JBW retains the right to change prices at any time on the website without notice, all advertised prices in Magazines or other media are correct at time of going to press. We reserve to right to vary Our prices between our sales departments, including but not limited to Our online, mail order, retail store and trade store departments.
18 STOCK AVAILABILITY:
All stock is offered subject to availability. If for whatever reason payment is received for a product, which is not in stock we will contact you and offer an alternative product, or a full refund.
All payments are processed either through Sage Pay or PayPals secured payment sites subject to their terms and conditions. Click here -
Payment can be made by all major Debit and Credit cards or via Paypal. This includes Visa, Mastercard, Maestro (Switch), Visa Electron, Amex. If you do not wish to use our online shopping service, you can still order by phone +44(0)1926-817444 with your credit or debit card details.
We send what is called an authorization request to your credit card company. Your credit card company verifies that the card is valid and that the amount of your transaction is available. If the card number is valid and the funds are available, an authorization of the funds wil be made.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to Authorize payment to us, we will not be liable for any delay or non-delivery.
In the case of failed Payment or negative security checks the Contract between us shall be cancelled and we will have no obligation to supply or deliver the Goods to you but this is without prejudice to our rights for compensation and/or damages for breach of Contract.
20 OTHER LIMITATIONS AND EXCLUSIONS:
In addition to any other limitations or exclusions of liability contained in these terms, the Company can accept no liability whatsoever for:
- Breach of warrantee by the Purchase or any other person.
- Any labour or associated costs involved in a warranty claim.
- Any failures which occur after the product has been modified and which are the result of that modification by the Purchaser or otherwise.
- Any failure by the Purchaser to have the relevant vehicle inspected and to obtain relevant independent professional advice prior to purchase.
- Use of any part for any purpose other than that stated in the description on the Company's website or generally accepted as a normal purpose for that part.
- Any failure by the Company to deliver on a specified date where the failure is beyond its reasonable control.
- Any attempt by the Purchaser to fit or have fitted an incorrect part by modifying it or otherwise. This applies where the Purchaser knows or ought reasonably to know that the part supplied has been incorrectly ordered or supplied.
Any advice given by the Company by telephone or email is opinion only, based upon information supplied by the Purchaser or any other person.
Please Note also:
All images are for illustrative purposes only & Colour's may vary.
21 INCOMPATIBLE GOODS:
Goods may not be compatible with a vehicle which has been modified in any way. In these cases the Company cannot accept the incompatible goods back into stock.
Fitting is the sole responsibility of the Purchaser. We advise that you check for correct equipment, condition, fittings and tyre directions prior to external fitting. If for any reason a wheel or tyre is damaged or the incorrect size or if you think there maybe a problem, do not fit to your vehicle, do not drive on it, do not fit tyres if wheels only, contact JBW Ltd immediately. JBW will not be held liable for any external charges.
We advise a test fit and that you thoroughly check the alloy wheels, prior to mounting tyres for wheels only packages. Failure to include car details make, model, version, year and original tyre size at checkout may invalidate any claim.
Unless specified otherwise the wheels we sell are covered under the following warranties:
23.1 - Fully painted (powder coated & lacquered finish); 12 months on surface finish manufacture
23.2 - Diamond cut surface finish; 6 months on surface finish and 12 months on manufacture.
23.4 - Fully polished & Chrome; NO WARRANTY on surface finish and are sold for show use only.Not recommended for all year round use. 12 months on manufacture. We advise regular cleaning and the use of an alloy wheel wax as a protective coating.
23.4 - All warranty claims/inspections will require the wheels be sent back to the suppper/ourselves at your cost. We will not be held pable for any costs incurred during this process. This does not affect your statutory rights.
23.5 - This warranty does not apply if: The wheel you ordered is not the size specified for the vehicle. The damage, defects or functional irregularity occurs to the wheels due to negpgence, accident, misuse, incorrect fitment, or use in service such as vehicle overloading or wheels being used for off road apppcations. The wheels have been modified, altered or repaired.
Our products are delivered by national couriers between 7.00am and 6.00pm to UK mainland addresses.
Non UK Delivery time is between 2 to 21 working days. This is an estimate only and should not be taken as contractually binding.
A responsible person must be available at the delivery address to receive and sign for the goods, AS RECEIVED IN GOOD CONDITION.
Goods will not be left at the delivery address unless signed for.
We cannot give an exact day time of arrival under this delivery schedule.
All claims for shortages and/or damages must be notified by telephone within 48hrs and then in writing within 7 days, otherwise claims cannot be entered into. We will do our up most to resolve any such situation speedily, efficiently and amicably.
Please note; Saturday, Sunday and national bank holidays are not working days.
All orders are normally dispatched within 48hrs of order confirmation.You will be shown a list of available delivery options and prices during the checkout process. Upon your order being dispatched you will then be emailed so you are aware that you goods are on their way, We will not be liable for late delivery arising due to factors outside Our direct control, stock availability or due to default of Our Sub-Contractors for which we are not to blame. Time of delivery shall not be of the essence in the Contract. We reserve the absolute right to cancel delivery of any goods where payment by You has not been made in accordance with the Contract or where any security check has proved negative. In regard to Trade Customers no liability shall attach to Us for any losses arising from failed or late delivery or for damage to Goods during delivery.
Counter/Exhibition Sales:- You must make adequate checks with Us for damages, omissions, errors and shortages before leaving the internal sales area of Our premises or internal Customer Services Area with the Goods.
Uncollected Goods:- Which have been ordered or returned may be disposed of by Us after 90 days without liability to You. Whilst we hold such Goods, we will not be liable for any damage or theft or the Goods unless such is covered by our Insurers and liability accepted by them or such be proved to be Our fault..
Goods which prove unsuitable may be returned for refund, credit or exchanged if they are received by ourselves within 14 days of the Receipt date. Subject to the following conditions:
25.1 Item/s are returned carriage paid.
25.2 You maybe liable to compensate us for depreciation in value to Goods damaged, or loss of the Goods, charges incurred for collection/retrieval of the Goods and Our reasonable administrative and/or legal costs.
25.3 Items are returned complete with all packaging in a good condition > ( we reserve the right to levy a charge to replace product packaging which is damaged of defaced) Item/s are received in a re-saleable condition.
25.4 We cannot accept any item/s which have been specially ordered for you or manufactured to your own specifications for return.
25.5 If you have purchased just Alloy/Steel Wheels and have fitted your own tyres, these are no longer returnable. Unless these goods prove to be faulty.
25.6 If you have selected a combination of Wheels and Tyres from our drop down menu, this is classed as a special order product and returning these will incur a 30% deconstruction and cleaning charge. Unless these goods prove to be faulty.
25.7 All returns are to be accompanied by a copy of the original invoice that the returned products were invoiced on.
25.8 All returns are to be accompanied by a letter stating the reason for returning the item/s.
25.9 JBW are not responsible for any labour charges incurred during fitment or removal of suspected faulty or incorrectly supplied goods or parts.
25.10 Any returns that need to be credited back to your credit card, will be handled directly with JBW.
25.11 All returns which are not faulty may be subject to a 15% handling charge.
Modern day tyre production is a high tech process and leading tyre manufacturers place significant emphasis on quality control throughout the manufacturing process. The likelihood that a faulty product appears in the marketplace is therefore extremely low.
Experience within the industry over many years shows that tyre complaints are most commonly the result of poor care and maintenance or driver influence. Any under performance of a tyre is rarely due to manufacturing defects.
Nevertheless, there exists an established process for returning tyres under complaint and the following sets out the various cases that can arise.
1. RETURN THE TYRE TO THE RETAILER FROM WHOM IT WAS PURCHASED
If a consumer has a complaint the tyre(s) should be returned to the retailer from whom it was originally purchased. The dealer has a legal responsibility to handle any complaint the consumer may have relating to the purchase.
If at the time of returning the tyre to the retailer, the cause of a fault or deficiency is unclear, the retailer may advise the product is returned to the respective manufacturer (or sole agent) for detailed examination. If this course of action is accepted, the consumer will be asked to complete relevant sections of an industry "Standard Application Form".
It is important that all relevant sections are completed and the consumer reads the conditions of examination and the declaration statements before signing the form. Please note the product is still your property and the manufacturer may need to render the product unsuitable for further use to fully examine it and hence requires the consumer's consent beforehand.
It is very important to note at this stage the retailer is under the obligation to deal fairly with the consumer's complaint, but it is a matter for negotiation as to whether a replacement product is offered by the retailer and at what price. Most retailers will offer to sell another product to the consumer and if the manufacturer makes an allowance an amount will be refunded to the consumer.
The value of an allowance is based upon the residual life of the tyre (i.e. the unused portion of the tread pattern depth). Any allowance offered is a gesture of goodwill and does not constitute any admission of liability or fault with the product.
2. RETURN THE TYRE TO A RETAILER FROM WHOM IT WAS NOT PURCHASED
Where the consumer has a replacement tyre supplied by a dealer other than by the dealer that supplied the tyre considered to be at fault, the former may be willing to take up the consumer's concerns with the manufacturer. However, he has no obligation to do so since he has no contractual relationship with the consumer as far as the alleged faulty tyre is concerned. If he does so the dealer accepts responsibility to pass on any allowance granted.
3. TYRES BOUGHT OVER THE INTERNET FROM A DEALER
A consumer's rights when buying over the internet are the same as when buying from a high street dealer. There are some additional rights under the Distance Selling Regulations if the tyre is ordered from within the UK and elsewhere in the European Union. Remember that if the tyre is bought from abroad and problems occur with it there may be difficulties in getting the complaint properly dealt with. Moreover, if the consumer's tyre is fitted by an agent different from the seller it may be more difficult to establish responsibility for any defect identified in the tyre.
4. TYRES SUPPLIED AS ORIGINAL EQUIPMENT ON A NEW VEHICLE
If a consumer has a problem with a tyre that was fitted as original equipment on a new vehicle in the first instance, return the tyre to the vehicle dealer from whom the vehicle was purchased. The vehicle dealer will advise on the appropriate complaint procedure to follow.
Upon receipt of the tyre(s) the manufacturer will endeavour to complete the examination and issue a report to both the dealer and consumer within fifteen working days of receipt of the tyre by the manufacturer. However, there may be exceptional circumstances associated with certain types of complaints where the investigation may take longer. Any allowance offered will be passed onto the consumer via the tyre (or vehicle) dealer.
In the event that the consumer is not satisfied with the outcome of the manufacturer's examination it is possible to engage an Independent Tyre Examiner at the consumer's expense and to lodge an appeal.
Names and contact details of Independent Tyre Examiners are available on the BTMA web-site www.btmauk.com
Please help us to help you.
This does not affect your statutory rights.