Terms of Sale
Last Updated NOVEMBER 29, 2021
THESE TERMS OF SALE (THE “Terms of Sale”) GOVERN YOUR PURCHASE OF ANY TIRES OR OTHER PRODUCTS (TOGETHER “Products”) OFFERED BY TIREBUYER.COM, LLC (“TireBuyer”) OR A THIRD PARTY MARKETPLACE PARTNER WHO OFFERS PRODUCTS OR SERVICES FOR SALE (TIREBUYER AND EACH SUCH THIRD PARTY A “Seller”) ON THE HTTPS://TIREBUYER.COM WEBSITE (THE “SITE”) TO PERSONS USING THE SITE AS PURCHASERS (“you” OR “Buyer”). PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT THE RIGHTS AND OBLIGATIONS OF A BUYER, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO A BUYER.
BY CLICKING ON THE “PURCHASE” OR “SUBMIT ORDER” BUTTON, AND/OR BY OTHERWISE PLACING AN ORDER ON THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. TIREBUYER, IN ITS SOLE DISCRETION, MAY MODIFY THESE TERMS OF SALE FROM TIME TO TIME, SO PLEASE READ THESE TERMS OF SALE EACH TIME YOU MAKE A PURCHASE ON THE SITE.
These Terms of Sale apply to all Products purchased through the Site, whether you choose to have them:
- either delivered by TireBuyer to an address stipulated by the Buyer within the United States or Canada, known as “Ship to Home”, or alternatively delivered to one of the collection locations within the United States offered by TireBuyer (known as “Click & Collect”), in each case without any arrangements having been made through the Site for installation; or
- installed by an Installer (as defined below), either at the Installer’s tire shop or by a mobile installer at a location of the Buyer’s choice, in each case as selected on the Site.
To the extent that any additional products and/or services are offered to the Buyer in connection with such Products, whether on the Site (such as installation of tires which may be provided directly by the Seller or by an independent third party installer and which person is in all cases referred to as an “Installer”) or which are offered as additions when the Buyer attends a tire shop for the installation of the Product, the Buyers’ rights and obligations with respect to such additional products and/or services will be determined by the terms and conditions offered by the offeror of those additional products or services and not by these Terms of Sale.
- Products. Each Seller is authorized to sell the Products, and/or any additional products or services, offered for sale on the Site. Any Product and/or service offered on the Site may be discontinued at any time without notice.
- Prices. Unless specifically stated otherwise, the prices advertised on the Site for the Products do not include shipping, handling, installation costs or sales taxes which, if applicable, will be added to your total purchase price when you checkout on the Site. In the case of installation costs, they will be displayed to you at the time of checkout and will either be payable at the time of checkout (where a TireBuyer Guaranteed Install (see below) is available and selected by you) or, if the Standard Install option (see below) is selected by you, will be payable to the selected Installer directly at the time of installation.
- Installation. TireBuyer has a network of independent installers who operate either on a mobile basis or from a tire shop, and TireBuyer customers may view the cost of installation from such independent installers and select an installation provider of their preference through the Site. TireBuyer provides installation options for Buyer either: (i) as a “TireBuyer Guaranteed Install”, where TireBuyer collects the cost of the installation at check out and one of our preferred providers will render installation services to Buyer pursuant to the Terms of Installation; or (ii) as a “Standard Install” where TireBuyer notifies Buyer of the costs of the installation and arranges the installation appointment with an independent installation provider but does not collect the installation costs at the time of check out and, under such arrangement, the Buyer is contracting directly with the Installer (and not with TireBuyer) for the installation services. Buyer acknowledges that TireBuyer shall not be responsible to Buyer for the services provided by the Installer in a Standard Installation, and/or in the event that the Installer under a Standard Installation requires an additional fee, and the Buyer’s sole remedy shall be to cancel the order prior to installation. Installation prices as listed on the Site (whether for TireBuyer Guaranteed Installation or a Standard Installation) cover most vehicles with standard equipment having the type of tires ordered by the Buyer fitted to it. The Site lists the installation related costs specific to the Installer you select on the Site, in addition to the particular Products selected, assuming that standard equipment applies. Additional installation fees (beyond those quoted at checkout) may be required at the point of installation to accommodate customized vehicles or pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the Products as reasonably anticipated at the point of sale. For the avoidance of doubt, where you have selected to purchase by Ship to Home or Click & Collect it shall be your responsibility to arrange installation services and agree to a price with an independent installer for that purpose.
- Delivery Charges. The prices advertised on the Site for the Products do not include shipping and handling charges for Ship to Home or Click & Collect. The applicable shipping and handling charges may vary depending on the Buyer’s shipping address or chosen collection point and will be provided at the time of checkout on the Site. Delivery charges will be added to your total invoice price. Unless notified otherwise on the Site, the Buyer will not incur shipping charges for the delivery of Products.
- Orders. Orders are not binding upon a Seller until accepted. Acceptance of a Buyer’s order shall be communicated to the Buyer by email from the Site. Such email confirmation may not occur immediately upon placing an order on the Site but will typically be received within 2 business hours. Each Seller reserves the right, without prior notification, to limit the quantity of any item ordered and/or refuse service to any Buyer and so an order is not binding on the Seller until confirmation of acceptance is issued. Verification of information may be required prior to the acceptance of any order.
- Payment. The Site accepts valid Visa, MasterCard, American Express and Discover credit cards and may add additional payment options from time to time. Buyer’s credit card will be charged in full for the amount payable for the Products on placing the order when Buyer’s order is processed, but shall not be charged for the installation costs unless a TireBuyer Guaranteed Install has been selected at checkout.
- Cancellations and Refunds. Once an order is placed, you may cancel it if permitted under the Return/Refund Policy. Once tires are installed (whether by an Installer or by or on behalf of the Buyer), the order cannot be cancelled unless it is defective. Please see our Return/Refund Policy for details on cancelling an order. Any cancellation and refund will be made in accordance with the policy in place at the date of the order being placed through the Site.
- Delivery. TireBuyer will use commercially reasonable efforts to deliver the Products to the location designated by the Buyer within two (2) business days from the date the Buyer’s order is received by Seller (or such other date as is provided for expected delivery or availability for collection at the checkout). While TireBuyer will make every reasonable effort to ship Buyer’s orders within these time frames, TireBuyer is not responsible or liable for any delay in receiving or completing Buyer’s order. If Buyer prefers same-day delivery, then Buyer must select a product with same-day delivery availability, as displayed on the Site. If we have offered you (and you have paid for) same day delivery but are unable to deliver your tires on the same day that you ordered them, we will charge you no return shipping fee if you return the Product or, if you keep the Products, we will refund the Buyer $10 for each tire ordered (which shall be the extent of our liability for late delivery).
- Installation. Where Buyer has selected installation services (rather than Ship to Home or Click & Collect), the Seller will make available Buyer’s order either to a selected Installer’s location, or by a mobile installation van to the address provided by Buyer within the United States or (where available) Canada, in accordance with Buyer’s selection when the order is processed on the Site. Buyer will be asked to indicate on the Site a preferred installation date and appointment time (the “Preferred Installation Time”). Until the Buyer receives an email or phone call from the Seller or other Installer confirming that a Preferred Installation Time is available, the installation time is provisional. While Seller will make every reasonable effort to arrange the installation of Buyer’s orders within the Preferred Installation Time (or other installation time subsequently agreed with Buyer), the time of installation is never guaranteed. Seller is not responsible or liable for any delay in receiving or completing Buyer’s order that is caused by an event beyond the Seller’s or their appointed Installer’s reasonable control. Such events may include, but are not limited to, a pandemic, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption, or delay of the server or Site caused by an event outside the direct control of the Seller including, without limitation, power outages or attacks on the Site such as by persons known as “hackers” or, where TireBuyer is the Seller, any failure by the Installer.
- Same-day or next-day Installation. Except on Ship to Home or Click & Collect, TireBuyer seeks to provide same or next day installation where possible but TireBuyer does not guarantee same-day or next-day installation on Products. After Buyer places a same-day or next-day installation order, TireBuyer will notify the Seller or their designated Installer who will contact you by email or telephone to arrange a delivery time. Sellers and Installers are selected based on their ability to offer same-day or next-day delivery and TireBuyer may ask for your feedback on whether the service met this requirement.
- Proof of Purchase.ID and/or proof of purchase may be required at time of delivery, collection and/or installation and Buyers may be required to present a copy of the email from TireBuyer confirming the order to the delivery driver, collection agent or Installer. Buyers who order an install service may not pick up orders and remove any Products from the Installer in order to undertake installation themselves (or otherwise deal with, or take possession of, the Products); Product must be mounted on the vehicle by the Installer, or they will be returned to the Seller.
- Title to Products. Seller retains all right, title, and interest in and to the ordered Products until the Products have been paid for in full. Transfer of title will be deemed to occur:
- 12.1 where the Buyer is attending the Installer’s tire shop for installation services, at the location of that tire shop when the Tires are installed;
- 12.2 where the Buyer has requested mobile installation, at an address selected by the Buyer, the transfer will occur at the location of installation where the Tires are installed; or
- 12.3 where the Buyer has requested that the Products be delivered to an address of the Buyer or a click and collect location, at the place of delivery.
- Tire Choice. You shall select Products by either:
- 13.1 indicating your vehicle make, model, and trim; or
- 13.2 by indicating no make and model but providing details of the tire size and rating; or
- 13.3 by providing your vehicles’ licence plate number.
TIREBUYER AND/OR THE SELLER CANNOT BE HELD RESPONSIBLE FOR TIRES THAT ARE IMPROPERLY SIZED OR RATED FOR YOUR INDIVIDUAL VEHICLE. IN THE CASE OF INCORRECT PRODUCT SELECTION, YOUR SELECTED INSTALLER MAY REFUSE TO INSTALL PRODUCTS FOR YOUR SAFETY.
- TPMS. In accordance with applicable law, all vehicles manufactured after September 2007 have a tire pressure monitoring system (“TPMS”). Applicable law may require TPMS sensors to be rebuilt and/or re-calibrated at the point of installation of new tires. The Installer may charge an additional cost to service TPMS sensors in accordance with applicable law (unless at checkout on the Site it indicated that TPMS service was included for no additional fee).
- Tire Disposal Fees. Certain states have graduated tire disposal fees. It may be necessary for the installer to charge additional state mandated disposal fees at time of installation and while the Site has endeavoured to indicate what those fees will be, the Installer will charge the amount actually due as required by the applicable state.
- Customised Vehicles.Wheel sizing for Products is based on information provided by the Buyer and assumes the vehicle has original equipment manufacturer factory specifications. If your vehicle is customized and/or has raised or lowered suspension, TireBuyer cannot guarantee fitment and additional fees may be due at the point of installation for safe and proper fit and alignment.
- Warranties. EXCEPT AS SPECIFIED HEREIN, ALL PRODUCTS ARE PROVIDED TO BUYER BY THE SELLER “AS IS,” AND THE SELLER DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. The only warranties given to Buyer relating to the Products, if any, are those provided by the manufacturers of such Products, and Buyer acknowledges that any warranty claims arising out of the manufacturer warranties must be pursued directly against the manufacturer. TireBuyer and/or the Seller (if different) will facilitate the initial warranty claim notification process with the manufacturer if you requests this. Tires must be returned to the designated facility for inspection. Buyer is responsible for all warranty paperwork as required by the manufacturer and all legal or other costs associated with any warranty claim. Failure to submit paperwork can result in warranty claim denial. Neither TireBuyer, the Seller (if different) nor the manufacturer will reimburse the Buyer for installation fees or other costs related to warranty claims. TireBuyer intends to make accurate Product descriptions and fitment information available to Buyers in addition to other content made available on the Site. However, TireBuyer does not warrant that Product descriptions or other content displayed on the Site is accurate, complete, reliable, current, or error-free.
- Limitation of Liability.TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER TIREBUYER NOR THE SELLER (IF DIFFERENT), INCLUDING THEIR RESPECTIVE AFFILIATES, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THE CATALOG, PRODUCT(S), OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TIREBUYER AND THE SELLER (IF DIFFERENT), INCLUDING THEIR RESPECTIVE AFFILIATES, EXCEED THE AMOUNT BUYER HAS PAID THROUGH THE SITE FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
- TireBuyer’s Authority to Conclude Contract. Where the Seller is not TireBuyer, TireBuyer has been granted authority as an appointed representative and/or agent of the Seller for the purpose of concluding a contract between the Buyer and the Seller through the Site, and for ancillary matters associated therewith. These Terms of Sale shall govern the purchase of Products on the Site, from TireBuyer or (if different) the Seller.
- Severability. If any provision of these Terms of Sale are held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
- Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of North Carolina, excluding its choice-of-law principles, applicable to contracts made and to be enforced wholly within such state.
- Jurisdiction and Venue. You, TireBuyer and the Seller (if different) irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale may be brought in the federal or state courts of the State of North Carolina, and each party irrevocably accept and submits to the jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other party.
- Waivers and Amendments. The waiver by either party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in writing signed the parties.
- Force Majeure. Except for the obligation to make payments, non-performance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party.