M & S Tyres: Online Terms & Conditions
1. Introduction
These terms apply to all purchases made on the M & S Tyres website. By placing an order, you agree to these terms, which are governed by the laws of Victoria.
2. Australian Consumer Law
Important: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3. Pricing & GST
All prices displayed are in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated.
We reserve the right to correct any pricing errors. If an error is identified after an order is placed, we will contact you to either process the order at the correct price or provide a full refund.
4. Orders & Fitment Responsibility
Technical Accuracy: While we provide fitment guides, the final responsibility for ensuring the tyre size and specifications (Load & Speed rating) match your vehicle’s placard lies with the customer.
4.1 Contract Formation & Acceptance
4.1a Invitation to Treat: The display of products on our website is an “invitation to treat” and does not constitute a legally binding offer.
4.1b Your Order: When you place an order, it represents an offer to us to purchase the goods. We will send an initial “Order Acknowledgement” email; however, this email is only to confirm receipt of your request and does not constitute acceptance of your offer.
4.1c Binding Contract: A legally binding contract between M & S Tyres and the customer is only formed when:
(a) We send a secondary email confirming that the goods have been dispatched; or
(b) The goods are delivered to your nominated fitting partner.
4.1d Right to Decline: We reserve the right to decline any order (and refund any payments in full) for reasons including, but not limited to, pricing errors, stock unavailability, or suspected fraudulent activity.
5. Delivery & Risk
Title & Risk: Risk of loss or damage passes to you upon delivery to your nominated address or fitting station.
Delivery Estimates: Shipping times are estimates. Under the ACL, we must deliver goods within a “reasonable time” if no specific timeframe is guaranteed.
6. Returns, Refunds & Repairs
Major Failure: If a tyre has a manufacturing defect that makes it unsafe or unfit for its common purpose, you are entitled to your choice of a refund or replacement.
Minor Failure: If the problem is minor (e.g., a cosmetic blemish that doesn’t affect safety), we may choose to repair, replace, or refund the item.
Change of Mind: We are not legally required to provide a refund if you simply change your mind or order the wrong size. However, we may offer a store credit or exchange at our discretion, provided the tyres are:
Unused and unmounted.
Returned within 14 days at the customer’s expense.
Subject to a restocking fee of 20%.
7. Installation & Third-Party Fitters
If you choose a third-party fitter not affiliated with M & S Tyres, we are not liable for any damage caused to the tyres or your vehicle during the installation process.
Any claims regarding improper balancing or alignment must be taken up with the service provider who performed the work.
8. Wheel Fitment & Roadworthiness
M & S Tyres categorises wheel and rim products into two fitment types. It is a condition of sale that the buyer acknowledges the following:
8.1 Guaranteed Fit: These options are verified to match your vehicle’s Original Equipment Manufacturer (OEM) specifications. These are intended to fit without modification to the vehicle’s bodywork or suspension.
8.2 Aftermarket Options: These wheels are selected based on matching your vehicle’s stud pattern/PCD only.
Modifications Required: These wheels may require modifications—including but not limited to rolling arches, the use of hub-centric rings, or specific tyre profiles—to fit correctly.
Compliance: It is the buyer’s responsibility to ensure that aftermarket wheels remain roadworthy under local state regulations (e.g., VSI 09 in NSW or VSI 8 in VIC).
8.3 Buyer Responsibility: M & S Tyres is not responsible for the fitment, clearance, or roadworthiness of aftermarket wheels once purchased. The buyer must perform their own due diligence regarding:
Scrubbing/Clearance: Ensuring no contact with suspension, braking components, or bodywork.
Track Width: Ensuring the wheel does not increase the vehicle’s track width beyond the legal limit (typically +25mm for cars or +50mm for 4WDs in most Australian states).
Protrusion: Ensuring the tyre tread does not protrude beyond the outermost edge of the wheel arch/fender.
Pro Tip: For assistance with complex fitment calculations, we recommend using the Wheel-Size Calculator. However, this tool is for guidance only; M & S Tyres does not warrant the accuracy of third-party calculators.
9. Manufacturer Warranties
Any manufacturer’s warranty provided with your tyres sits in addition to your rights under the ACL. We will assist you in processing warranty claims with the manufacturer (e.g., Michelin, Bridgestone, etc.) for defects found during the life of the tyre.
10. Privacy
We collect and handle your personal information in accordance with the Privacy Act 1988 (Cth). Your data is used solely for order fulfilment and internal marketing (if opted-in).