Terms and Conditions
Please read the following Terms and Conditions carefully as use of and/or buying from this website or our company means that you will be bound by them. These terms and conditions are effective from October 1st 2016:
For the purposes of these Terms and Conditions the following definitions apply:
Company: Everglade Services Ltd.
Goods: The range of products and services which are available for purchase from Everglade Services Ltd.
Us, We, Our, Ourselves: The Company. You, Your, Yourself: The Customer, the person or organisation who is buying goods.
Contract: The contract for sale of goods by us and purchase of goods by you.
Marks: Trademarks, service marks, trade names and logos.
This website is operated by Everglade Services Ltd. Please see our Customer Services page for full contact details.
Every effort is taken to ensure that the information contained in this site is correct and up to date. Any product images shown, have been so purely to help in identifying products and may be different to actual products sold. Purchases made may not include all elements shown in images and only written descriptions of the products should be used in making the decision to purchase. Any wheels, vehicles or other equipment shown in product images will not be included in the sale unless specifically stated to the contrary in the product description. The information may become incomplete, inaccurate or out of date. To the full extent permitted by law we disclaim all warranties and representations (whether implied or expressed) as to the accuracy of any information contained on this website.
You agree that any order you place with us is an offer to purchase the goods listed in your order and will be governed by these Terms and Conditions. All orders must then be accepted by Everglade Services Ltd. We may choose not to accept your order for any reason. After having received your order, we will send you an e-mail ("Order Receipt") confirming receipt of your order and containing the details of your order. Please note that the Order Receipt e-mail is not an acceptance of your order. Acceptance of your order and the formation of the contract of sale between yourself and Everglade Services Ltd. will only take place when the goods have been sent out to you and you have received an e-mail confirmation of this from us (“Dispatch Confirmation”). Any goods on the same order which we have not confirmed to have been dispatched in a Dispatch Confirmation e-mail do not form part of that contract. Any claim in respect of damaged goods or shortages on delivery must be made in writing to reach the seller within seven days of delivery.
All prices quoted are in British Pounds (£) and include Value Added Tax (VAT). If you are an overseas customer, you will be charged in British Pounds. Any commission, currency exchange or other costs you incur in making this payment will be your responsibility.
We aim to display only goods that are available and which can be dispatched to you promptly. From time to time we may sell out of some lines, in which case we will aim to advise you by the next working day after you have placed your order. If this does occur, you will be given the opportunity to order an alternative, wait for the goods to become available or receive a full refund of any monies paid. We may offer certain brands as available to pre order or special order. In this situation an availability date or estimated delivery date will be shown on the product page with an approximate date of when we expect our stock to be available. Availability dates are only a guide and we will advise by either email or telephone when the stock is available and ready to dispatch. Occasionally there may only be limited quantities of goods available at a certain price, should you place an order after these goods have been sold, you will be offered a full refund of any monies paid if you do not wish to accept the new price. Everglade Services Ltd. makes no representation as to the goods, items, products or services referred to in, or sold from this website as being available or suitable for any particular use.
Cancellation, Returns & Refunds Policy
The new Consumer Contracts Regulations brought out in June 14th 2014 replace the Distance Selling Regulations previously in force. Our terms and conditions fully comply with this new directive.
If you change your mind about anything you order, you can cancel or amend that order at any time prior to despatch without charge. You do not have to provide any reason for cancellation. If goods have been despatched, we will cancel the order and refund monies paid less any return costs we have incurred. You are entitled to cancel your order anytime up to fourteen (14) days after receipt of the goods. In the event of order cancellation we will refund all money due within 14 days from receipt of the goods back into our warehouse. Cooling off periods DO NOT apply to business or trade customers.
Only standard delivery charges will be refunded, any additional or upgraded postage options are not covered under the Consumer Contracts Regulations.
We offer our customers a fourteen (14) day, no quibble refund on all goods except those which at your request or of necessity are the subject of special manufacture, assembly, modification or alteration prior to despatch - these goods are not returnable or refundable.
Goods are to be returned at your (the customer) expense including packaging and delivery costs. When goods are arranged to be collected by us we will inform you of any costs in doing so prior to collection and deduct this amount from any refund given.
Goods must be complete, unused (and unfitted in the case of wheels, tyres and inner tubes) and have all original contents, instructions, documentation and packaging. If returned goods do not comply with this requirement, a refund will be refused. ALL RETURNS MUST HAVE A RETURN ORDER NUMBER - please contact us for the return order number so we can correctly assign the refund. Returns can not be accepted if there is no return order number. Business purchases that are either returned or refused delivery will be charged for any reasonable postage costs and up to a maximum of 15% restocking fee.
If the reason for return is due to a warranty claim, we will refund any reasonable return costs you may incur once the claim has been approved. If the claim is rejected, no refund will be made, and the goods will be made available for you to collect from us for a period of 30 days, after which they will be disposed of. Before returning any goods, it is essential to contact us by telephone, letter or e-mail for a Goods Returned Number. Please note that no returned goods will be accepted into our stores without a Goods Returned Number on the outer packaging.
Guarantees and Warranties
We aim to deliver goods of the highest quality. Everglade Services Ltd are not the manufacturers of the goods. The goods are sold with all warranties (if any) issued by the manufacturers and based upon the fact that the manufacturers only manufacture goods of merchantable quality, the goods are transmitted without examination by the seller upon the basis that any lack of merchantable quality is a matter between the buyer and the manufacturer. Specific warranty details can be supplied on request for goods available from Everglade Services Ltd. prior to purchase. Most items are covered by a twelve months return to base guarantee, limited to repair or replacement of the item only. No claim can be considered for any consequential loss. Any goods which have been altered, modified, abused or used for any purpose other than that which it was designed for, or not maintained as required in the instructions will not be covered by warranty. It will be the decision of either Everglade Services Ltd. or the product's manufacturer or agent to inspect and determine the validity of any claim, then repair or replace and return to you any faulty items as they see fit. If a claim is rejected, no refund will be made, and the goods will be made available for you to collect from us for a period of 30 days after which they will be disposed of. If you wish to contest the rejection of a claim, you must supply us with a written examination report detailing the reasons from a professional person or organisation holding the necessary skill or qualifications to determine those reasons. Only then will we re-assess your claim.
Use of this Website
This website is made available to you for your proper use only. You may access and browse the website using commercially available, SSL-capable Internet browser software. You may print or download material for your personal use only to assist you in making a purchase from us. You must not delete, modify or remove any visible or non-visible identification, marks, notices, or disclaimers from any downloaded material. No material may be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part for commercial use or gain without written consent from a Director of the Company. Everglade Services Ltd. may suspend, alter, restrict or terminate at any time access to or use of this website.
All material included on this website, including graphics, text, logos, button icons, media clips, downloads, software, data, design applications and other elements available on or through this website are protected by United Kingdom and International copyright, trade mark and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content. You may only use the website in the manner described specifically in these Terms and Conditions. You are permitted to print or download extracts from this material for your personal use only to assist you in making a purchase from us. No material may be copied, republished, indexed, posted, transmitted, uploaded, modified, catalogued, or distributed in any way, in whole or in part for commercial use or gain without written consent from a Director of Everglade Services Ltd.
Everglade Services Ltd, Evertrak and Speedlimiter.net names and logos are either registered or unregistered trademarks/service marks, trade names and/or logos (collectively known as Marks) owned by Everglade Services Ltd. Other product and company names and logos appearing on this website may be registered or unregistered trade names, trademarks/service marks of their respective owners who may or may not be affiliated with, connected to, or sponsored by Everglade Services Ltd. Any use of the Marks displayed on this website is strictly prohibited without written consent from a Director of Everglade Services Ltd. Nothing appearing on this website or elsewhere shall be construed as granting, by implication, any licence or right to use any Marks displayed on this website. The Company's Marks may not be used in connection with any product or service or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Everglade Services Ltd.
Limitation of Liability
All machinery, and particularly motorised machinery can be dangerous. It must be your responsibility to assess the suitability and fitness for purpose of any goods you buy from us. If you are unable to carry out this assessment, you should consult someone who can do this for you before putting into use any goods purchased from us. All information and advice on this website is offered in good faith, but we shall not be liable for any damage or loss that may occur from the use of, or acting upon any information or advice given by us. Everglade Services Ltd is not responsible for this website's accuracy or it's fitness for a particular purpose or the reliability of the access to this website. We are not liable for any damages or losses resulting from your use of or inability to use this website. We do not guarantee that this website will operate free of error or that it is free from computer viruses or any other contaminating computer program. We will not be liable to you or in breach of the Contract for delay or failure to perform due to any causes beyond the reasonable control of ourselves or our suppliers, including, but not limited to, acts of God, civil commotion, industrial dispute, riots, flood, and legislation.
You will be required to register personal information with us if you wish to place on order on the online shop. You agree that the information you provide is true, accurate, current and complete in all respects. We only ask you for sufficient personal information to enable us to process payment for, and effect delivery of the goods which you order. None of this information is shared with or disclosed to any third party. This website may contain links to other websites and we recommend that you check the privacy and security policies and procedures of all such other websites you visit. You understand that any message or information you send to this website may be read or intercepted by others unless there is a special notice that a particular message is encrypted.
We primarily contact our customers by e-mail. E-mails to you will be sent to the address you specify to us. It is your responsibility to provide us with a valid e-mail address and to inform us of any changes to that address. To the extent that any provision of these terms is found by any court or authority to be invalid, unlawful or unenforceable, that provision will be deemed not to be a part of these terms and will not affect the enforceability of the remainder of these terms, nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction. The headings in these terms are for convenience only and do not affect their interpretation. These terms super-cede any representation made by us or any of our employees or agents.
Your contract with Everglade Services Ltd. does not affect your statutory rights.
Governing Law & Jurisdiction
These terms and your use of this website are governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.
Distance Selling Regulations & Consumer Contracts Regulations
We adhere and fully comply with all relevant Consumer Contracts Regulations for your protection.
Everglade Services Ltd – UK Company Reg: 04886123, VAT Reg No: GB 824 2904 38
Everglade services also own and operate Terrain Tyres website www.terraintyres.co.uk