General terms and conditions of sale
GRIP500 SLU is an independent service provider (hereinafter referred to as "the Service Provider") making its proprietary platform available to AD TYRES INTERNATIONAL SLU, a company incorporated under Andorran law as a one-person limited company with a capital of €1,000,000, registered in the Andorran Trade and Companies Register under number 16339, whose registered headquarters is located at Carrer Bonaventura Armengol Num. 10, Edifici Monclar, Bloc Num. 1, Despatx Num. 111-112, ANDORRA LA VELLA (Principality of Andorra), email: cm(a)adtyre.com, telephone: +376 810 888, (hereinafter referred to as the "Seller").
All common names of which the first letter is in upper case in this document have the definitions assigned in this article.
- Acknowledgement of Receipt refers to the response email sent by the Seller to the Customer following the validation of the Order by the Customer, and containing the summary of the Order, the general terms and conditions, and the corresponding Invoice.
- Purchase Order refers to the summary of the Products selected and validated by the Customer on the Site to finalise the Order.
- Delivery Note refers to the document given to the Customer by the Carrier upon delivery of the Order, against the Customer's signature as attesting to the delivery of the Order, as well as the perfect condition of the Product(s) concerned, and the absence of defects.
- Force Majeure Event is defined as stated in Article 12.
- GTC refers to the general conditions of sale of the Seller, to which the Customer must adhere in order to place an Order.
- Customer refers to any individual or company acting as a Consumer, Non-Professional, or Professional accessing the Site for the purpose of completing an Order.
- Order refers to the Product(s) ordered by the Customer for each purchase on the Site.
- Consumer refers to a Customer, a natural person who acts for purposes that do not fall within the scope of any commercial, industrial, or other business activity.
- Contract refers to all the contractual documents defining the rights and obligations of the Parties for any Sale, as referred to in Article 15.
- Delivery Date refers to the actual delivery date of the Order to the Customer as indicated on the Delivery Note.
- Withdrawal period refers to the period referred to in Article 9.
- Invoice refers to the invoice sent to the Customer via the Acknowledgement of Receipt.
- Supplier refers to a third party to the Contract in possession of the Customer's Ordered Product(s).
- Non-Professional refers to a Client, a legal entity acting for purposes that do not fall within the scope any commercial, industrial, or other business activity.
- Product Offer refers to the offer published under the Seller's responsibility on one of its media, and in particular its Site, dedicated to the sale of a specific Product, and including, in particular, the image, as well as the characteristics and price of the Product.
- Party(ies) refers, in the singular, to the Customer or Seller individually and, in the plural, to the Customer and Seller, collectively.
- Price refers to the total price referred to in Article 3 that the Customer undertakes to pay for the Order.
- Product(s) refers to the pneumatic or associated products (rims, chains, etc...) made available for sale on the Site by the Seller.
- Professional refers to a Client, a natural person or legal entity, public or private, acting for purposes relating to any commercial, industrial, or other business activity, including actions carried out in the name of, or on behalf of, another professional.
- Site refers to the Seller's website accessible at the following URL grip500.ie.
- Fitting Centre(s) refers to the garages listed on the Site (https://www.grip500.ie/fitting) to which the Customer can have his/her Order delivered and his/her Products fitted.
- Carrier refers to the transport company chosen by the Supplier or the Seller for the transportation and delivery of the Order to the address declared by the Customer, or to the Fitting Centre as chosen by the Customer.
- The Seller is the person referred to in the Preamble.
- Sale refers to the legal transaction concluded between the Seller and the Customer, by which the former undertakes to deliver the Order, and the latter to pay the Price.
2. PURPOSE AND ACCEPTANCE
The GTC are intended to govern, without restriction, all Sales concluded through the Website of the Seller, and to define the contractual relationships between the Seller and the Customer with respect to each Order.
The GTC shall prevail and supersede any other agreements, commitments, declarations, promises, intentions, documentation, or information previously declared or entered into between the Parties with respect to the Order.
The validation of any Order by a Customer is strictly subject to prior acceptance, without restriction or reservation of the entirety of the terms and conditions included in the GTC concurrently in force on the Site, of which the acceptance is confirmed by ticking, with a mouse click, the box to the left of the statement, "I have read and accepted, without restriction or reservation, all the general terms and conditions applicable to my order".
The GTC are accessible on the Site and are transmitted to the Customer in a hard copy as an attachment to the Acknowledgement of Receipt.
The Contract is deemed to have been concluded between the Parties as from the issuing of the Acknowledgement of Receipt by the Seller.
The Customer is informed that the conclusion of the Contract entails committing to the obligation to pay the Price to the Seller.
Each Product Offer is accompanied by the unit price in euros and is understood to include all taxes (including VAT).
In accordance with Article 19 below, all Orders are subject to the following laws of the Principality of Andorra, where said Orders are deemed to be fulfilled in this territory in which the Seller is established. Consequently, the price of the Product Offers may include any possible local contributions due in the Principality of Andorra.
The Seller reserves the right to change their prices at any time. The Customer is informed that the prices of the Product Offers are subject to change several times a day. The prices applied to an Order are those displayed on the Site at the time of the final validation of the Order within the context defined in the Article. 5.4.
In the context of certain Product Offers, the Seller makes a tool available to the Customer to compare the prices to those of some of its competitors. To find the date on which the price of the competitor was surveyed by the Seller, the Customer is invited to place the cursor over the price in question in order to display a text bubble indicating the date and time of collection of the competing price by the Seller.
The total price of an Order is composed of:
- the total sum of the prices of the quantities of products and services selected by the Customer, and
- any shipping costs (except for free shipping in certain conditions).
The Seller remains the sole owner of the Products that are the subject of an Order until full payment of the Price.
4.1 Product Features
The essential features and prices of the Products are indicated in each Product Offer published on the Site. These elements constitute contractual information that binds the Seller in the event of the conclusion of the Contract with the Customer, and subject to the stock availability of the Products concerned.
Product Offers may be illustrated with an image, or a tyre label (energy consumption information). These elements are available purely for information purposes and do not fall within the scope of the contract.
The sidewall of each tyre features a DOT number composed as follows:
DOT B94W HWNX 3903
- DOT: Department Of Transportation
- B9: Code of the factory where the tyre was manufactured
- 4W: Manufacturer-specific dimensional code
- HWNX: Optional manufacturer-specific code
- 3903: date of manufacture of the tyre, corresponding to the 39th week of 2003.
Any tyre less than thirty-six (36) months from its manufacture shall be considered new. Consequently, the Seller does not accept any claim based on obsolescence if the DOT of the tyre indicates that the age of the tyre is less than or equal to thirty-six (36) months.
4.2 Product Availability
The indication of the availability of a Product in the corresponding Product Offer with the label, 'IN STOCK' is purely indicative information with regard to daily transaction flows and volumes.
In the event of a stock shortage, the Seller shall inform the Customer and shall issue a full refund by the same means used to place the Order within seventy-two (72) hours of the date of receipt of the information regarding the unavailability of the Product. In the event of partial unavailability of the Order, the Customer will be refunded only for the missing Product(s).
5.1 Site access
The Public Site is available to any visitor, all year round, 7 days a week, 24 hours a day, subject to interruptions necessary for technical maintenance, servicing, and updating operations that the Seller considers it appropriate to carry out, and any technical failure beyond the Seller's control.
Notwithstanding the foregoing, the Seller shall in no event be liable for any interruption in access to the Site resulting from the host, the Customer's Internet service provider, or directly from the Customer or due to damage caused to his/her computer system by a third party (virus, logic bomb, Trojan horse, etc.) or due to a Force Majeure Event In all the above cases, the Client expressly and completely waives any right to request compensation based on the interruption or suspension of access to the Site.
All costs incurred by the Customer to ensure access to the Site remain solely at his/her expense and, in particular the cost of computer equipment, the Internet subscription, and any software.
5.2 Selection of the Product(s)
The Customer acknowledges and accepts that the search for, and selection of, the Product(s) by the Customer is carried out under his/her full and sole responsibility.
To facilitate the Customer's searches, the Seller makes (i) a search bar available to the Customer on its Site through which the Client can freely enter keywords, and (ii) a search tool based on the various desired Product specifications. The proper functioning, utility, exhaustiveness and relevance of these tools are not guaranteed by the Seller.
It is the Customer's responsibility to take note of all the Product Offers made available by the Seller on its Site and to carry out the necessary research on the selected model and on the competition to evaluate the relevance, utility, and adequacy of the Product Offer to in relation to his/her needs. The Client is specifically invited to consult the reviews and similar tyres in the Product Offer in order to evaluate whether the Product is likely to satisfy his/her needs.
The Customer selects a Product by clicking 'Add to Basket' after selecting the quantity required.
This operation only has the effect of adding the selected Product to the Customer's cart, and does not result in any purchase obligation at this stage.
Once the Customer has made his/her choice, he/she may now go to the 'Basket' section to verify the selected Products and quantities and to take note of the Price total generated by the Order.
Before the final validation of the Order, the Customer may modify the cart at any time.
5.3 Creation and use of the customer account
To finalise the Order, the Customer must create a personal account (if this has not already been done during a previous Order). To this end, the Consumer and the Non-Professional must provide a valid email address and choose a password, and also declare their identity, telephone number and their address. The Professional may create a 'business account' by providing a valid e-mail address and choosing a password, as well as declaring his/her first and last names, company name, telephone number, and address.
All personal data belonging Customers is collected and processed for the purposes and under the conditions specified in Article 14, below.
The Customer undertakes to provide truthful and accurate information and to inform the Seller of any related changes. A summary of the information provided is available on the Site. Failure to provide the requested information is equivalent to waiving the creation of an account and prevents the Customer from validating the Order.
The Seller shall not be held liable for any input errors and the consequences thereof, such as delays, and/or errors in delivery. In this context, all costs incurred for the reshipment of the Order shall be borne entirely by the Customer.
The Customer is responsible for maintaining the confidentiality and security of his/her account and password, as well as for restricting access to his/her equipment. The Customer shall be solely responsible for all uses and activities carried out from his/her account. The Customer shall immediately notify the Seller if he/she has reason to believe that an unauthorised third party has access to his/her account.
The Seller reserves the right to deactivate, without delay or compensation, the account of any Customer in the event of a breach of these general terms and conditions, and fraudulent or illegal use of the account by the Customer or any third party.
The Customer may deactivate his/her account by notifying the Seller of his/her decision by e-mail at https://www.grip500.ie/contact/. The Seller will deactivate the account within a maximum of seventy-two (72) hours from receipt of this email.
5.4 Order confirmation
After having validated the cart, created an account, entered the delivery address, selected a payment method, the Customer is invited to definitively confirm his/her order by making the payment. The effectiveness of this operation is subject to the prior acceptance of these general terms and conditions of sale (see above).
The final validation of the Order has the effect of contractually binding the Customer to pay the Price to the Seller.
5.5 Order Cancellation
After the final validation of his/her Order, the Customer has the possibility to request its cancellation, provided that the Products included in the Order have not yet been delivered to the Carrier. In the latter case, the Order may no longer be cancelled, and the Seller shall not be held liable. Notwithstanding the absence of the right to cancel the Order, the Customer has the right to refuse to accept the delivery, in accordance with Article 8.3, or to exercise the right of withdrawal under the conditions of the article. 9.
To request the cancellation of the Order, the Customer must connect to his/her customer account, select the order he/she wishes to cancel, and open a claim through our ticketing system.
As soon as the cancellation is taken into account by the Seller, the Customer shall be reimbursed within a maximum of ten (10) working days from receipt of the Seller's confirmation e-mail, by the same means of payment used by the Customer when placing the Order.
6. FINANCIAL TERMS
Payment is due immediately upon placement of an Order, which will be processed by the Seller only upon receipt of full payment from the Customer. The Seller reserves the right to cancel the Order in the event of an absence of payment from the Customer after a period of twenty-four (24) hours from the confirmation of the Order.
The Customer can pay for his/her order using the following payment methods:
- credit/debit card,
- PayPal, ING, Bancontact, Sofort, Belfius; or
- SEPA transfer (with the possibility of direct debit for Professionals).
The Client assumes the consequences of any input error made during the payment procedure and any anomaly or malfunctioning of the means of payment.
In the event of a delay in payment, for any professional, in addition to the late payment fees, any sum not paid on its due date shall automatically incur a fixed penalty of 40 euros covering administration costs. Interest on arrears is calculated, from the due date, at the ECB rate plus 10 points, without prior notice.
After each payment, whatever the means, the Customer receives a confirmation e-mail.
6.1 Payment by credit or debit card
The Seller only accepts payment by Visa, Mastercard, or Maestro cards.
Secure online payment by credit/debit card is made via a payment service provider.
All stages of payment by credit/debit card are subject to the HIPAY or Braintree payment systems, which are fully encrypted and protected. The protocol used is SSL coupled with the electronic payment system (3D secure protocol).
This means that the information related to the order and the credit/debit card number do not circulate unencrypted on the Internet. The credit/debit card number is not printed on any paper, invoice, card receipt, or other list.
The Seller has no knowledge of the card numbers. HIPAY or Braintree do not retain card numbers after forwarding the payment to the merchant's bank. Thus, no one has access, either electronically, or in printed form, to the credit/debit card details of the buyers. The risk of having your credit card number hacked when buying from the Seller's websites with HIPAY or Braintree is almost nil.
Professionals can also use the GoCardless direct debit system (gocardless.com) chosen by the Seller. This system is fully encrypted.
The Customer acknowledges and accepts, without reservation, that the Seller cannot be held liable for a security breach in the aforementioned payment systems, for which the service provider holds exclusive responsibility.
In the case of payments by credit/debit card, the transaction is immediately debited when payment is made by the Customer. The commitment to pay by card is irrevocable. By communicating his/her banking information at the time of Sale, the Customer authorises the Seller to charge his/her card for the amount of the indicated price. The Customer confirms that he/she is the legal holder of the card to be debited, and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the order is immediately cancelled.
The activities related to the distance selling contract are held by AD TYRES INTERNATIONAL EU located at Level 3 Suite No. 2407, Tower Business Centre, Tower Street Swatar, BIRKIRKARA BKR 4013, MALTA - registration number OC 1277.
6.2 Payment by Paypal
Customers who choose to make payment via Paypal (www.paypal.com) must hold or open an account with this service provider (www.paypal.com/signup/accountCreate).
Transactions made via PayPal are secured by the 3D-Secure protocol. The Seller does not access the Customer's bank details at any time.
The Customer acknowledges and accepts, without reservation, that the Seller cannot be held liable for any security breach in the PayPal payment system, which is placed under the exclusive responsibility of the PAYPAL company.
6.3 Payment by bank transfer
Customers may make payment by SEPA transfer to the Seller's account.
For this transfer to be taken into account by the Seller, it is essential that the Customer indicates his/her Order number in the reference of the transfer, or in the field provided for this purpose. The order number and bank details are indicated to the Customer on the page relating to SEPA transfers.
The Order will only be processed upon receipt of the transfer, and after validation. Consequently, the stated shipping time may vary depending on the time it takes to receive your payment.
In the case of payment by bank transfer, the fees applied in addition by the issuing bank may not be deducted from the payment amount owed.
6.4 Payment by credit or debit card in three instalments
The tree-instalment payment option is only available for orders costing less than 200.00 € (wheel packs are excluded).
Financial terms: interest-free, administration fee of 8.90% of the order amount.
Foreign cards, withdrawal only cards, systematic authorisation cards (Electron, Maestro, Cirrus...) and e-cards are not accepted.
Your monthly payments are paid by credit/debit card or direct debit.
The three payments are to be made are as follows:
- First payment: the day you place your order, 34% of the full amount, including administrative costs
- Second payment: 30 days after you place your order, 33% of the full amount, including administration costs
- Third payment: 60 days after you place your order, 33% of the full amount, including administration costs
In case of rejection of your payment, we give you seven days to resolve the situation without interest on arrears while retaining the right to benefit from your 'payment facilities'. After this period, you will lose the right to benefit from the 'payment facilities', and all amounts will become immediately due. Interest on arrears will be calculated, from the due date, at the ECB rate plus 10 points, without prior notice.
7. RETENTION OF TITLE CLAUSE
The Products in the Order remain the full and exclusive property of the Seller until the latter receives full payment of the Price from the Customer.
However, the risks relating to the Products in the Order are transferred to the Customer, or an appointed employee (and, in particular, any Fitting Centre designated by the Customer) or a representative, as soon as they are made available, regardless of the nature of the transfer of ownership. The provision corresponds to the Delivery Date.
Delivery of the Order is made by the Customer's choice, expressed at the time of the Order, through delivery of the Order to the address provided by the Customer, or to the address of one of the Fitting Centres listed on the Site that may have been chosen by the Customer.
8.1 Delivery costs
Delivery is free to the Customer for any purchase of two (2) identical products. In the event of a single purchase (car tyres, rim), delivery costs are at the expense of the Customer, except for motorbike tyres, for which shipping costs are free from the first tyre purchased.
8.2 Delivery time
The Customer is informed, for information purposes only, that delivery takes place, on average, between two (2) and eight (8) working days after receipt of full payment of the Order Price. In the event of the selection of several Products within the same Order, it is possible that they may be delivered different days, without this giving rise to any claim on the part of the Customer.
The Customer acknowledges and accepts, without reservation, that the aforementioned time frames, as well as those potentially indicated on the Site, do not constitute in any way a commitment of the Seller with regard to the Customer.
Notwithstanding the foregoing, the Seller shall deliver the Order to the Customer without undue delay and no later than thirty (30) days after payment of the Order. After this period, the Consumer may terminate the Contract by registered letter with acknowledgement of receipt, or in writing via another durable medium if, after having instructed the Seller, on the same terms, to make delivery within a reasonable extended period, the Seller has not complied within this period. The Contract is thus terminated upon the Seller's receipt of the letter or written notification of this termination, unless the Seller has complied in the meantime.
Nevertheless, the Consumer may immediately terminate the Contract in the case that the Seller refuses to deliver the Order or fails to fulfil the obligation to deliver the Order by the end of the aforementioned period, and this date constitutes an essential condition of the Contract for the Consumer. This essential condition results from the circumstances surrounding the conclusion of the Contract, or from an express request from the Consumer before the conclusion of the Contract.
When the Contract is terminated by the Consumer under the above conditions, the Seller shall reimburse the Consumer for all sums paid, at the latest within fourteen (14) days following the date on which the Contract was terminated. The amount paid by the Consumer that the Seller must return shall automatically be increased by ten percent (10%) if the refund is made no later than thirty (30) days after this term, by twenty percent (20%) up to sixty (60) days, and by fifty percent (50%) thereafter.
8.3 Difficulties relating to the delivered Products,
In accordance with Article 7 above, the responsibility of the risk of loss and damage to the Products that are the subject of the Order is transferred to the Customer as soon as he/she, one of his/her employees or representatives, or the Fitting Centre chosen at the time of the order, takes possession of them upon signing the Delivery Note.
The Customer, a designated employee, or representative must check the conformity of the condition of the goods upon delivery, whether this takes place at the Customer's home or at a Fitting Centre. The Customer is personally responsible for informing and instructing their employees or representatives with a view to verifying the conformity of the Products.
The Customer, their employee, or representative, must notify the Carrier of all reservations regarding the Products upon delivery. These reservations must be explicitly and precisely mentioned on the Delivery Note in order to be officially recognised between the Parties.
If the Products covered by the Order do not conform, or if the package received is in poor condition, the Customer may refuse delivery. He/she must then inform the Seller immediately by contacting customer services via the ticketing system.
The Customer acknowledges and accepts that the Seller will not take back any fitted or used Product.
In the event of a disagreement, a dispute will be opened with the Carrier of the Products that are the subject of the Order. A dated and signed sworn certificate of non-receipt shall be requested from the Client in order to process the dispute. In the event that delivery has taken place at a Fitting Centre, the Customer must have the certificate signed by the Fitting centre.
The time limit for the resolution of disputes is a minimum of ten (10) working days, and may last up to four (4) weeks from the date of its opening. These time frames are given as an indication only by the Seller on the basis of experience, and cannot in any way be binding. In any case, these time frames are set by the transport companies, and the Seller cannot be held responsible for them.
8.4 Delivery Note
The Carrier shall deliver goods either to the Customer or the Fitting Centre and issue a Delivery Note in exchange for a signature.
The Customer acknowledges and accepts that if he/she, a designated employee, or representative signs such a Delivery Note, this constitutes irrefutable proof of the Delivery Date of the entire Order or, in the event of separate delivery of several Products belonging to the same Order, of the Products concerned by this delivery.
In the absence of a statement to the contrary on the Delivery Note, the signature of said Delivery Note attests to the correctness of the Order, as well as the perfect condition of the Products covered by said Order.
In any event, it is the Customer's responsibility to take action against the Fitting Centre chosen by him/her or any other employee or representative, in the event of negligence on the part of the latter when signing the Delivery Note.
8.5 Specific provisions on delivery to the address declared by the Customer
The Seller undertakes to deliver the Order to the delivery address provided by the Customer at the time of the Order. In this respect, the Customer undertakes to provide the Seller with an existing, full and accurate delivery address of a place where the delivery of the Order is feasible and authorised. The Customer guarantees the Seller his/her presence on the premises, or that of a duly authorised employee or representative, to receive the Order. Failing this, the Seller shall not be held responsible for any delay in delivery. In the event of a return due to lack of address, the return fees of fifteen (15) euros per package will be the exclusive responsibility of the Customer.
If the Customer is absent at the time of delivery, he/she must contact the Carrier responsible for his/her package to agree on a new delivery date or to collect the package from the nearest depot. Failing this, packages will be sent back to the Seller's warehouses within ten (10) working days. Return fees of twenty-five (25) euros per package will be the exclusive responsibility of the Customer, and will be deducted when the Order is refunded.
8.6 Specific stipulations for delivery to a Fitting Centre
In the event that the Customer chooses to have the Order delivered to a Fitting Centre, the Customer undertakes, except in cases of force majeure, to collect the Order within thirty (30) calendar days of receiving notice from the Fitting Centre that the Order is available.
Failing this, the Seller reserves the right to:
- cancel the Sale at the exclusive expense of the Customer, which will entitle the Seller to retain all sums paid; and
- invoice a storage fee of five euros (€5.00) for the Order, all taxes included, per day of delay, calculated from the date of receipt of the Order by the Fitting Centre.
As soon as the Customer chooses to have his/her Order delivered to a Fitting Centre, the Customer also undertakes to have the tyres fitted at said Fitting Centre. Fitting fees are set at the discretion of the Fitting Centre without any intervention from the Seller. The Client undertakes to respect them.
In the event that the Customer refuses to have the Products fitted at the Fitting Centre where the delivery took place, the Fitting Centre shall be entitled to request from the Customer a reasonable payment in consideration for the service of receiving and storing the Products.
When the Customer decides to have his Products fitted at a Fitting Centre, the Seller may not be held responsible for the reception, storage, dismantling, fitting, and balancing services provided under the full and exclusive responsibility of the Fitting Centre.
Information concerning the Fitting Centres, such as opening hours, service prices, maximum fitting diameter, etc. are the responsibility of the Fitting Centres themselves. The Seller shall not be held liable if the actual rates or opening hours differ from those indicated on the Site. The Customer is required to inquire in advance with the Fitting Centre regarding rates and availability.
8.7 Refusal of delivery in the absence of effective cancellation of the Order
In the absence of effective cancellation of the Order under the conditions of Article 5.5, the Customer has the right to refuse delivery of the package, either to the address declared, or through the intermediary of the Fitting Centre as previously instructed to this effect.
In this case, the Order will be returned to the Seller's or Supplier's warehouses, and the Customer will be refunded after deduction of the return costs of twenty-five (25) euros per package
In the event of acceptance of the delivery, the Consumer has the right to return according to the conditions of Article 9, below.
9. RIGHT TO RETURN
The Consumer has a period of fourteen (14) calendar days (hereinafter the 'Return Period') to exercise his/her right to return without having to justify the decision or bear any costs other than those accounted for in this article.
The Return Period begins on the date of receipt of the Order by the Consumer, i.e. the Delivery Date indicated on the Delivery Note. The Withdrawal Period begins at the beginning of the first hour of the first day following the Delivery Date, and ends at the end of the last hour of the last day of the Return Period. If the Return Period expires on a Saturday, Sunday or public holiday or other non-working day, it is extended until the next business day.
To exercise the right to return, the Consumer must inform the Seller of the decision to return the goods, by sending the Seller, before the end of the Return Period, the form available here, by e-mail (https://www.grip500.ie/contact/), duly completed, and expressing the unambiguous intention to return the goods
The burden of proof of the exercise of the right to return lies with the Consumer, who is invited to take all necessary measures to ensure the effectiveness and preservation of this proof.
Following the exercise of the right of return under the above-mentioned conditions, the Consumer is required to send back the Order, or the concerned Product(s), at the latest within fourteen (14) calendar days following the communication of the decision to return.
The return may be made, according to the Consumer's choice, either by his/her own means, or through the Seller's intermediary who shall ensure the return of the goods.
In the first case of return by the Consumer's own means, the Consumer must inform the Seller in advance of this method in order to obtain the address of the depot to which the Products must be returned. This return is carried out under the sole responsibility of the Consumer. Consequently, the Seller shall not be held liable in any way for any loss or damage to the Products during the procedure of said return.
The Seller shall refund the Consumer the full Price within fourteen (14) calendar days of the effective return of the Order, or of the Product(s) concerned by the return, or of proof of dispatch of such Products, whichever occurs sooner.
In the second case of return through the Seller, the Seller shall refund the Consumer the Price less the return costs set at twenty-five (25) euros per item, within fourteen (14) calendar days of the effective return of the Order, or the Products concerned by the return.
In any event, the Products included in the Order must be returned in their original packaging, without having been fitted, used or damaged. Failing this, no refund will be made by the Seller to the Consumer, and the latter may be charged the above-mentioned return fees.
The Seller shall make the refund using the same means of payment used by the Consumer for the initial transaction, unless the Consumer expressly agrees to use another means of payment, and provided that the refund does not result in any cost to the Consumer. In the case of payment by bank transfer, the Consumer's bank details will be requested.
10.1 Preliminary limitations
The Customer is responsible for ensuring that the Products ordered comply with the requirements of the manufacturer of his/her vehicle.
The Customer is also required to comply with the manufacturer's requirements and recommendations with regard to vehicle safety and reliability, including tyre and rim size, tyre pressure, and tyre fitting and storage conditions.
None of the guarantees stipulated in this article take into account defects resulting from incorrect fitting, normal wear and tear of the Products, consequences caused by improper use of the Products, or deterioration of the Products due to negligence on the part of the Customer or his/her representatives.
No guarantee is given by the Seller with respect to any defect in the Products directly caused as a result of services provided by the Fitting Centre chosen by the Customer.
The guarantees granted under Article 10 are valid for a period of two (2) years from the Delivery Date of the Product(s).
10.2 Preliminary expert assessment
The Customer has the possibility to request an expert assessment on any Product that he/she considers defective.
The Product must be returned to the manufacturer to be examined. This return will be handled by the Seller.
Expert assessment requires a minimum of three (3) months. The Seller shall not replace the Product(s) or refund the Price until the conclusion of the expert assessment.
Once the expert assessment is completed, the Client will receive an expert assessment report informing him/her of the outcome. No dispute concerning this expert assessment will be taken into account by the Seller.
If the expert assessment reveals a production defect, the Client will then be reimbursed.
Otherwise, the cost of thirty-five (35) euros per Product for the expert assessment shall be borne by the Customer, and the Product(s) shall either be returned to the Customer or destroyed.
10.3 Compliance guarantee
The Seller undertakes to deliver one or more Products compliant with the Order, and is liable for any existing lack of compliance at the time of delivery, as well as any lack of conformity resulting from packaging. This compliance guarantee is granted only to the Consumer.
The Product is in compliance:
- If it is suitable for the use usually expected of a similar product and, where necessary:
- if it corresponds to the description given by the Seller and has the qualities that the latter presented to the Consumer in the form of a sample or model;
- if it has the qualities that a consumer can legitimately expect in view of public statements made by the Seller, by the producer or an appointed representative, in particular in advertising or labelling;
- or if it has the characteristics defined by mutual agreement by the Parties, or is suitable for any special use sought by the Consumer, brought to the Seller's attention and accepted by the latter.
The Seller is not bound by the public statements of the producer of the Products or an appointed representative if it is established that they were unaware of them and were not legitimately in a position to be aware of them.
Compliance defects that appear within twenty-four (24) months of delivery of the Product shall be assumed to have existed at the time of delivery, exept where proof of the contrary exists. For any Products sold second-hand, this period is set at six (6) months. The Seller may rebut this presumption if it is not compatible with the nature of the Product or the alleged lack of compliance.
The Consumer shall be entitled to demand that the Product comply with the Order. However, he/she may not contest conformity by invoking a defect that he/she knew of, or could not have been unaware of when he/she entered into the contract. The same shall apply where the defect is caused by the materials supplied by the customer.
In the event of lack of compliance, the Consumer shall choose between the repair or replacement of the Product.
However, the Seller may not proceed according to the Consumer's choice if this choice results in a cost that is clearly disproportionate compared to the other method, taking into account the value of the Product or the extent of the defect. He/she is then required to proceed, unless this is impossible, according to the method not chosen by the Consumer.
If both repair and replacement of the Product are not possible, the Consumer may return the Product and have the Price refunded, or keep the Product and have a portion of the Price refunded.
The same option is available:
- if the solution requested, proposed, or agreed cannot be implemented within one (1) month following the Consumer's complaint;
- or if this solution cannot be implemented without major inconvenience for the Consumer given the nature of the Product and its intended use.
However, the sale may not be cancelled if the lack of compliance is minor.
The application of these solutions is carried out at no cost to the Consumer.
10.4 Guarantee relating to defects of the Products sold
The Seller shall be liable for the warranty for hidden defects in any Product that make it unfit for its intended use, or that reduce such use to such an extent that the Customer would not have purchased it, or would have expected to pay a lower price, if had he/she been aware.
However, the Seller shall not be liable for any apparent defects that the Customer will have been aware of at the time of purchase.
With regard to Consumers and Non-Professionals, the Seller shall be liable for hidden defects, even if the Seller was unaware of them. However, the Seller expressly excludes the warranty against defects not known by the Seller with regard to Professionals.
In all cases where this warranty is applicable, the Customer shall have the choice of returning the item and having the cost refunded, or keeping the item and having part of the cost refunded.
If it appears that the Seller was aware of the Product defects, he/she shall be liable for, in addition to refunding the amount received, all damages to the Client. However, if the Seller is unaware of any Product defects, he/she shall only be bound to refund the amount paid and to reimburse the Customer for the fees incurred by the Sale.
If the defective Product has perished as a result of its poor quality, the loss shall be incurred by the Seller, who shall be required to reimburse the price paid and other incurred costs as referred to above. However, the loss incurred as a result of an accident shall be the responsibility of the Customer.
10.5 Commercial warranty
11. LIMITATION OF LIABILITY AND PRESCRIPTION
In all Contracts concluded between the Seller and a Professional, the Seller shall assume the financial consequences of direct and foreseeable damage caused to the Professional, solely by the proven fault of the Seller, under the conditions and within the limit defined below.
The Seller shall in no way be liable for any financial consequences of indirect or unforeseeable damage, as well as, without this list being exhaustive, any loss of earnings, business loss, loss of turnover or profit, loss of custom, loss of opportunity, cost of obtaining a product, etc.
It is expressly specified that the Seller's liability towards the Professional may not exceed the amount of all the sums actually paid by the Professional in respect of the Sale concerned.
The Professional may only hold the Seller liable for a breach of the Contract for a period of one (1) year from the occurrence of the breach in question.
The limitations and exclusions of liability specified in this article are determined by the agreement between Parties, which together constitute the extent of the Seller's obligations under the Contract and the financial terms.
12. FORCE MAJEURE
The Seller's obligations shall be automatically suspended in the event of occurrences beyond their control that prevent the normal performance of the Contract, such as: earthquakes, fires, storms, floods, immobilisation of transport for any reason whatsoever, total or partial strikes, a substantial change in the applicable legislation or regulations affecting the release of the Order or the immobilisation or total or partial destruction of the Product(s) constituting the Order as a result of facts entirely beyond the control of the Seller (hereinafter referred to as a 'Force Majeure Event').
The Parties agree that the Seller may under no circumstances be held liable in the event of a breach of their obligations caused by a Force Majeure Event, with no compensation or penalty being due in this case.
In the case of a Force Majeure Event not involving any breach of the integrity of the Order, delivery shall be postponed to a date when the Force Majeure Event has ceased. If the Force Majeure Event exceeds a period of two (2) months, each of the Parties shall have the right to terminate the Contract by registered letter with acknowledgement of receipt.
13. INTELLECTUAL PROPERTY
All content subject to intellectual property rights and in particular:
- distinctive signs protected as a trademark;
- original content (including images, videos, texts, etc.) protected by copyright; as well as
- databases of which the creation, verification, or presentation attests to a substantial financial, material, or human investment;
are, and remain, the exclusive property of the Seller or its partners.
Consequently, any unauthorised use of these intellectual properties by any third party may constitute an infringement, and may result in legal proceedings.
14. PERSONAL DATA
The personal data collected by the Seller concerning the Customer in the context of the Sale are subject to automated processing, for which the Seller alone defines the means and purpose, and is therefore responsible for such processing within the scope of Article 3.4 of Andorran Law 15/2003 of 18 December 2003 on the protection of personal data (hereinafter the 'LPPD').
15. CONTRACTUAL DOCUMENTS
The Contract consists of the following contractual documents:
- these General Terms and Conditions of Sale
- the Purchase Order;
- the Delivery Note;
- the Sales Invoice.
In the event of any contradiction or discrepancy between the stipulations of two of the documents, the stipulation of the higher ranked document shall prevail (e.g. the Sales Invoice shall prevail over the Delivery Note; the Delivery Note shall prevail over the Purchase Order; the Purchase Order shall prevail over the GTC).
No statement made by the Customer or an appointed employee or representative on the Delivery Note other than a signature shall be considered contractual, unless accepted by the Seller.
All the above-mentioned contractual documents represent all the commitments existing between the Parties. These contractual documents replace and cancel out any prior oral or written commitments relating to the Sale.
The titles used in the GTC are provided for convenience only, and shall not have any effect on the meaning or structure of the stipulations of the GTC.
In the event of any difficulty in interpretation between any of the titles featuring as clause headings and any of the clauses, the titles will be declared null and void.
If one or more stipulations of the GTC are declared null and void, unwritten, or unenforceable pursuant to a law, regulation, or following a final decision of a competent court, said stipulation(s) shall be considered as severable from the GTC. The other stipulations of the GTC shall be considered valid, and shall remain in force, unless one of the Parties demonstrates that the cancelled provision(s) is (are) of an essential and determining nature, without which they would not have entered into the contract.
The fact that one of the Parties does not invoke a breach by the other Party of any of its obligations under the Contract shall not be construed as a waiver of the performance of the obligation in question in the absence of a statute of limitations.
19. APPLICABLE LAW
These GTC are subject to Andorran law. However, you are reminded that, pursuant to Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 (known as 'Rome I'), the choice of Andorran law may not deprive the European consumer of the protection provided by mandatory provisions from which he cannot be derogated and which would be applicable in the absence of a contractual designation of the applicable law.
In accordance with the provisions of Articles L. 612-1 and seq. of the Consumer Code, in the event of a dispute, the consumer has the possibility of resorting to consumer mediation by contacting MEDICYS 73, boulevard de Clichy -75009 PARIS Tel. 0149701593 and its e-mediation platform: www.medicys.fr
Pursuant to Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, you are informed of the possibility of using the Online Dispute Resolution (ODR) platform made available by the European Commission and accessible at the following address: Online Dispute Resolution