GENERAL TERMS AND CONDITIONS OF SALE
- Version in effect as of October 18, 2023 -
AD TYRES INTERNATIONAL SLU, an Andorran law company of the form societat limitada unipersonal with a capital of 1,000,000 euros, registered in the Andorran Trade and Companies Register under number 16339, with the intra-community VAT number GB249354091, whose registered office is located at C. Prat de la Creu, 59-65, AD500 ANDORRA LA VELLA (Principality of Andorra), email: cm(a)adtyre.com, phone: +376 810 888, (hereinafter referred to as the "Seller") has as its main activity the sale of tires and associated products through the website tyreleader.co.uk (hereinafter the "Site").
The present general terms of sale are intended to govern, without restriction, all sales of products and services to any customer, whether a natural or legal person, whether a consumer, non-professional or professional (hereinafter the "Customer"), who has made a purchase on the Site and to define the contractual relationships between the Seller and the Customer.
All common names whose first letter is capitalized in this document have the definition attributed to this article.
- Acknowledgment of Receipt refers to the response email transmitted by the Seller to the Customer following the validation of the Order by the Customer and containing the summary of the Order, the applicable general terms and conditions of sale and the corresponding Invoice.
- Order Form refers to the summary of the Products selected by the Customer and submitted to the latter's validation on the Site to finalize the Order.
- Delivery Note refers to the document given to the Customer by the Carrier at the time of delivery of the Order, against the Customer's signature attesting to the delivery of the Order as well as the perfect condition of the Product(s) concerned and the absence of anomalies.
- GTC refers to these general terms and conditions of sale of the Seller to which the Customer must adhere in order to place his Order.
- Customer refers to any individual or company acting as a Consumer, Non-Professional or Professional accessing the Site with a view to placing an Order.
- Order refers to the Product(s) ordered by the Customer for each purchase occasion on the Site.
- Consumer refers to a Customer, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
- Contract refers to all contractual documents defining the rights and obligations of the Parties for any Sale, referred to in Article 15.
- Delivery Date refers to the actual delivery date of the Order to the Customer indicated on the Delivery Note.
- Delivery Time refers to the maximum time referred to in Article 8.2 by which the Seller undertakes to deliver the Order to the Customer.
- Withdrawal Period refers to the period referred to in Article 9.
- Invoice refers to the invoice sent to the Customer through the Acknowledgment of Receipt.
- Force Majeure refers to the case where an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the Contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
- Supplier refers to a third party to the Contract in possession of the Product(s) of the Customer's Order.
- Delivery refers to the transfer to the Customer of the physical possession or control of the Product(s).
- Non-Professional refers to a Customer, a legal person, who does not act for professional purposes (cf. the definition of Professional below).
- Product Offer refers to the offer published under the responsibility of the Seller on one of its supports, and in particular its Site, dedicated to the sale of a particular Product and including in particular the photograph as well as the characteristics and price of the Product.
- Party(ies) refers, in the singular, to the Customer or the Seller taken individually and, in the plural, to the Customer and the Seller taken collectively.
- Price refers to the total price referred to in Article 5 that the Customer undertakes to pay for the Order.
- Product(s) refers to the pneumatic or associated products (rims, chains, etc...) offered for sale by the Seller on the Site.
- Professional refers to a Customer, a natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional.
- Site refers to the Seller's website accessible at the URL tyreleader.co.uk.
- Mounting Station(s) refers to the garages listed on the Site (https://fitting.tyreleader.co.uk/) where the Customer can have his Order delivered and have his Products mounted.
- Holder of the Right of Withdrawal refers to the person referred to in Article 9.
- Carrier refers to the transport company chosen by the Supplier or the Seller for the routing and Delivery of the Order to the address declared by the Customer or to the Mounting Station chosen by the latter.
- Seller refers to the person referred to in the Preamble.
- Sale refers to the legal operation concluded between the Seller and the Customer by which the former undertakes to deliver the Order and the latter to pay the Price.
2. OBJECT AND ACCEPTANCE
The GTC are intended to govern, without restriction, all Sales concluded through the Seller's Website and to define the contractual relationships between the Seller and the Customer with respect to each Order.
The GTC prevail and replace all other possible agreements, commitments, declarations, promises, intentions, documentations, or information previously exchanged between the Parties relating to the Order.
The validation of any Order by a Customer is strictly subject to the prior acceptance, without restriction or reservation, of all the terms and conditions of the GTC concurrently in force on the Website, which acceptance is manifested by clicking the box located to the left of the mention "I have read and I accept the Terms & Conditions and the Confidentiality Charter.". This step occurs after the Customer has had the opportunity to check the details of their Order and its total Price and to correct any possible errors before confirming it to express their final acceptance.
The GTC are accessible on the Website and are transmitted to the Customer on a durable medium attached to the Acknowledgment of Receipt.
The Contract is deemed concluded between the Parties as of the issuance of the Acknowledgment of Receipt by the Seller.
The Seller ensures the preservation of the written document that records the Contract from the conclusion of the Contract and for a duration of ten years from the Delivery of the Order. The Customer can access the archived Contract upon simple request addressed to the Seller (https://www.tyreleader.co.uk/contact).
The Customer is informed that the conclusion of the Contract entails the subscription of the obligation to pay the Price to the benefit of the Seller.
3.1 Characteristics of the Products
The essential characteristics and the price 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 Client, subject to the availability in stock of the concerned Products.
Each tire is marked on the sidewall with the DOT number composed as follows:
DOT B94W HWNX 3903
- DOT: Department Of Transportation
- B9: Code of the factory where the tire was manufactured
- 4W: Dimensional code specific to the manufacturer
- HWNX: Optional code specific to the manufacturer
- 3903: Manufacturing date of the tire corresponding to the 39th week of the year 2003.
3.2 PRODUCT AVAILABILITY
The indication of a Product's availability in the corresponding Product Offer with the mention "IN STOCK" is purely informative given the daily transaction flows and volumes.
In case of stock shortage, the Seller will inform the Client and fully refund the latter by the same means used during the Order within seventy-two (72) hours from their notification of the Product's unavailability. In case of partial unavailability of the Order, the Client will be refunded pro rata for the missing Product(s).
4.1 ACCESS TO THE WEBSITE
The public Website is made available to any visitor, all year round, 7 days a week, 24 hours a day, subject to the necessary interruptions for technical maintenance, servicing, and updating operations that the Seller deems appropriate to carry out, and any technical failure independent of the Seller's will.
All costs incurred by the Client to ensure their own access to the Website remain entirely their responsibility, including the cost of their computer equipment, internet subscription, and any software.
4.2 SELECTION OF THE PRODUCT(S)
The Client acknowledges and agrees that the search and selection of the Product(s) by the Client is done under their entire and sole responsibility.
To facilitate the Client's searches, the Seller provides the Client on its Website (i) a search bar in which the Client can freely enter keywords and (ii) a search tool based on various characteristics of the Products listed by choice. The proper functioning, interest, completeness, and relevance of these tools are not guaranteed by the Seller.
It is the Client's responsibility to become familiar with the entire range of Product Offers proposed by the Seller on its Website and to carry out the necessary research on the selected model and on the competition to evaluate the relevance, interest, and suitability of the Product Offer to their needs.
The Seller provides for informational purposes:
- TECDOC data on the link between vehicle and parts;
- BMF data on the link between vehicle, tires, and rims;
- manufacturer data on the link between vehicles and chains;
- data on compatibility between vehicles and products.
The Seller does not guarantee in any way the relevance, accuracy, or completeness of this data, which is provided purely for informational purposes to facilitate product search. It is the Client's responsibility to verify that the selected Products are suitable and correspond to their vehicle.
The Client is specifically invited to consult the reviews as well as similar tires offered under the Product Offer in order to assess whether the visualized Product is likely to meet their needs.
The selection of a Product is executed by clicking on the "Add to cart" function after selecting the required quantity.
This operation only has the effect of including the selected Product in the Client's cart and does not create any purchase obligation at this stage.
Once the Client considers that their selection of purchases is complete, they simply need to go to the "Cart" section to verify the correct selection of Products and quantities and to become aware of the total Price associated with their Order.
Before the final validation of the Order, the Client can modify their cart at any time and has the possibility to check the details of their Order and its total Price and to correct any possible errors before confirming it to express their final acceptance.
4.3 CREATION AND USE OF THE CLIENT ACCOUNT
To finalize their Order, the Client must create their 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 set up a password as well as declare their identity, telephone number, and address. The Professional, on the other hand, creates a "professional account" by providing a valid email address and setting up a password as well as declaring their first name, last name, company name, telephone number, and address.
The Client is invited to complete all useful information in their personal account knowing that fields marked with an asterisk (*) are mandatory.
All personal information of Clients is collected and processed for the purposes and under the conditions specified in Article 14 below and in the Privacy Charter.
The Client undertakes to provide true and sincere information and to inform the Seller of any changes concerning them. A summary of the information provided is accessible on the Site. Failure to provide the requested information is equivalent to renouncing the creation of an account and prevents the validation of the Order by the Client.
The username and password are strictly personal and confidential: the Client is prohibited from disclosing them to a third party or transferring them. Any Order placed using this username and password will be deemed to have been made by the Client and will consequently bind the latter to the Seller unless this Order was placed by a third party due to a security breach of the Seller's site. It is the Client's responsibility to immediately inform the Seller in writing of any use of their username and password made without their knowledge and of which they would be aware.
The Client can correct, at any time, the input errors of the requested information. The Seller cannot be held responsible for any input errors and the consequences that may result, such as a delay and/or delivery error. In this context, all costs incurred for the reshipment of the Order will be entirely at the Client's expense.
The personal account allows the Client to access the following information:
- Your Orders – Customer Service: the list of Orders placed on the Site;
- Edit your information: the personal information declared by the Client with the possibility of modifying it at any time.
The Seller reserves the right to disable, without delay or compensation, the account of any Customer in case of violation of these general terms and conditions and fraudulent or illicit use of the account by the Customer or any third party.
The Customer can disable his account by informing the Seller of his decision by email at the address https://www.tyreleader.co.uk/contact. The Seller will disable the account within a maximum period of seventy-two (72) hours from the receipt of this email.
4.4 ORDER VALIDATION
After validating his basket, creating his account, entering the delivery address, selecting his payment method, the Customer is invited to definitively validate his order by making his payment through the "Proceed to secure payment" function. The effectiveness of this operation is subject to the prior acceptance of these general terms of sale (cf. supra).
The definitive validation of the Order has the effect of committing the Customer to the obligation of payment of the Price to the benefit of the Seller.
After receipt of payment by the Seller, the Customer receives an email from the Seller summarizing his Order.
4.5 ORDER CANCELLATION (RESOLUTORY CLAUSE)
This Article constitutes a resolutory clause that specifies the commitments whose non-performance will result in the resolution of the Sale.
4.5.1 Cancellation of the Order by the Customer
The Customer may cancel the Order, that is to say, resolve the Sale in the following cases:
Convenience: after the final validation of his Order, the Customer has the possibility to request its cancellation at his own convenience, provided that the Products of the Order are not yet in preparation;
Delay or refusal of delivery: in case of delay or refusal of delivery by the Seller and according to the conditions and modalities recalled in Article 8.2;
Withdrawal: in case of exercise of the right of withdrawal under the conditions of Article 9;
Non-compliance: in cases of non-compliance referred to in Article 10.2;
Hidden defect: in case of a hidden defect within the meaning of Article 10.2; and
Force Majeure: in case of the Seller's definitive inability to fulfill his obligations due to Force Majeure in application of Article 13.
4.5.2 Cancellation of the Order by the Seller
The Seller may cancel the Order, that is to say, resolve the Sale in the following cases:
Delay or default of payment: in case of the Client's failure to fulfill his payment obligation under the conditions of Article 6 ;
Unavailability of Products: in the case of unavailability of the Product(s) in stock ;
Client's failure to receive the Products at the declared address: in the case of the Client's failure to receive the Products at the declared address in the sense and under the conditions of Article 8.5 ;
Force Majeure: in case of the Client's definitive impediment to fulfill his obligations due to Force Majeure in application of Article 13.
4.5.3 Prior Formal Notice
The resolution of the Sale must be preceded, except in cases of urgency, by a formal notice to the defaulting Party to fulfill its commitment within a reasonable period, except in the following cases:
- cancellation for convenience (Article 4.5.1(i));
- specific cases of refusal of delivery and non-compliance with a delivery deadline established as an essential condition in accordance with Article 8.2;
- exercise of the right of withdrawal (Article 4.5.1(iii));
- unavailability of Products (Article 4.5.2(ii)); and
- failure of the Client to receive the Products at the declared address (Article 4.5.2(iii)).
This formal notice refers to the present Article 4.5 and expressly mentions the reason for resolution and that if the defaulting Party fails to fulfill its obligation, the other Party will be entitled to resolve the Sale.
The Client is invited to consult any additional formal notice procedures stipulated in these GTCs and which are agreed for each of the cases of cancellation of the Order mentioned above.
4.5.4 Formalism of the resolution
The Party wishing to resolve the Sale may do so:
- by notification targeting the invoked resolution case;
- by legal action.
In the case of exercising the right of withdrawal, the aforementioned notification is made by the withdrawal form or any other unambiguous declaration under the conditions of the Article 9.
In the case of cancellation for convenience, the notification is made by the Customer via his account by selecting the concerned Order and opening a claim through the support via ticket.
4.5.5 Moment of resolution
The resolution of the Sale will take effect from:
- the receipt by the other Party of the aforementioned notification (except in the case where the Company has performed in the meantime in the case of Article 4.5.1(ii));
- the date decided by the seized judge in case of judicial resolution.
4.5.6 Effects of the resolution
Any refunds take place under the following conditions:
- in case of resolution for convenience (Article 4.5.1(i)): refund of the Order within a maximum period of ten (10) working days from the Seller's confirmation email, by the same payment method used by the Customer when placing the Order;
- in case of resolution for delay or refusal of delivery (Article 4.5.1(ii)): refund of the Order under the conditions of Article 8.2;
- in case of resolution following a withdrawal (Article 4.5.1(iii)): refund of the Order under the conditions of Article 9;
- in case of resolution for non-compliance (Article 4.5.1(iv)): refund of the Order under the conditions of Article 10.2.9;
- in case of resolution for unavailability in stock (Article 4.5.2(ii)): refund of the Order within a maximum period of three (3) working days from the Seller's resolution email, by the same payment method used by the Customer when placing the Order; and
- in case of the Customer's failure to receive the Products at the declared address (Article 4.5.2(iii)): refund of the Order within a maximum period of three (3) working days from the Seller's resolution email, by the same payment method used by the Customer when placing the Order and after deduction of the return costs and any attempted redelivery costs referred to in Article 8.5.
The resolution of the Sale will not affect Articles 21 and 22 which will remain in force between the Parties.
Each Product Offer is accompanied by the unit price in GBP and is understood to be all taxes included.
In accordance with Article 19 below, all Orders are subject to the laws of the Principality of Andorra, which Orders are deemed to be made on this territory in which the Seller is established. Consequently, the prices of the Product Offers do not include any possible environmental contributions applicable outside the Principality of Andorra.
The Seller reserves the right to change its prices at any time. The Customer is warned that the prices of the Product Offers are likely to vary several times a day. The prices applied to an Order are those displayed on the Site concurrently with the final validation of the Order in the sense of Article 4.4.
As part of certain Product Offers, the Seller provides the Customer with a price comparison tool with those of some of its competitors. To know the date on which the competitor's price was recorded by the Seller, the Customer is invited to place his mouse over the concerned price to display a text bubble indicating the date and time of collection of the competitor's 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 possible shipping costs (except offer of shipping costs under conditions).
6. FINANCIAL CONDITIONS
Payment is due immediately upon Order, which will be processed by the Seller only upon receipt of the Client's full payment.
In the absence of receipt of the Price payment within three (3) days following the validation of the Order, the Client receives a notification from the Seller putting him on notice to pay the Price within an additional period of four (4) days. Failing this, the Seller may cancel the Order and therefore terminate the Sale.
The Client can pay for his order by the following means:
- credit card;
- Paypal, ING, Bancontact, Sofort, Belfius; or
- SEPA transfer (with the possibility of automatic debits for Professionals).
The Client assumes the consequences of any input error during the payment procedure and any anomaly or malfunction of the payment means.
The Seller may demand from any Professional Client late payment penalties due the day following the due date. The late interest rate will be equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. The applicable rate during the first half of the year in question is the rate in force on January 1 of the year in question. For the second half of the year in question, it is the rate in force on July 1 of the year in question. Late penalties are due without a reminder being necessary.
In addition, any Professional Client in a situation of late payment will be automatically liable, to the Seller, for a flat-rate indemnity for recovery costs of forty euros (€40.00). When the recovery costs incurred are higher than the amount of this flat-rate indemnity, the Seller may request additional compensation, upon justification. However, the Seller may not invoke the benefit of these indemnities when the opening of a safeguard, recovery or judicial liquidation procedure prohibits the payment at its due date of the debt owed to him.
In case of failed direct debit, for any Professional Client, the client agrees to regularize unpaid invoices automatically on his company's credit card.
After each payment, regardless of the means, the Client receives an email confirmation.
6.1 PAYMENT BY CREDIT CARD
The Seller only accepts payment by Visa, Mastercard or Maestro credit cards.
Secure online payment by credit card is carried out by a payment provider.
All phases of payment by credit cards are subject to the HIPAY/BRAINTREE/CHECKOUT payment system, which is fully encrypted and protected. The protocol used is SSL coupled with bank card processing (3D secure protocol).
This means that the information related to the order and the credit card number do not circulate in clear on the Internet. The credit card number is not printed on any paper, invoice, receipt or other listing.
The Seller does not have knowledge of card numbers. HIPAY/BRAINTREE/CHECKOUT does not retain card numbers after transmitting the payment transaction to the merchant's bank. Thus, no person has access, either electronically or in print, to the credit card details of the buyers. The risk of having your credit card number hacked when making a purchase on the Seller's websites equipped with HIPAY/BRAINTREE/CHECKOUT is almost nil.
Professionals can also use the GoCardless automatic debit system (gocardless.com) chosen by the Seller. This system is fully encrypted.
When making payments by credit card, the transaction is immediately debited as soon as the payment is made by the Customer. The commitment to pay by card is irrevocable. By providing his banking information during the Sale, the Customer authorizes the Seller to debit his card for the amount corresponding to the indicated price. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Order is likely to be cancelled under the above conditions.
The activities related to the distance selling contract are held by AD TYRES INTERNATIONAL EU located at Level 3 Suite N° 2407, Tower Business Centre, Tower Street Swatar, BIRKIRKARA BKR 4013, MALTA - company registration number OC 1277.
6.2 PAYMENT BY PAYPAL
The Customer who uses payment via Paypal (www.paypal.com) must have or create an account with this provider (www.paypal.com/signup/accountCreate).
Transactions made via Paypal are secured by the 3D-Secure protocol. The Seller does not have access to the Customer's bank details at any time.
6.3 PAYMENT BY BANK TRANSFER
The Customer can make their payment by SEPA transfer to the Seller's account, the details of which are as follows:
Account holder: AD Tyres International SLU
IBAN: GB32 TRWI 2314 7070 9685 11
BIC (SWIFT-CODE): TRWIGB2L
In order for this transfer to be taken into account by the Seller, it is essential that the Customer indicates their Order number in the reference of the transfer or in the field provided for this purpose. The order number is reminded to the Customer on the page dedicated to the SEPA transfer.
The Order will only be processed upon receipt of the transfer, and after validation. Consequently, the announced shipping time may vary depending on the time of receipt of your payment.
In the case of payment by bank transfer, any additional charges applied by the issuing bank cannot be deducted from the payment to be received.
6.4 PAYMENT BY CREDIT CARD IN 3 INSTALMENTS
The option to pay in 3 instalments is available in accordance with the conditions below (complete wheels are excluded).
|Total of your order
|0.00 £ - 175.00 £
Foreign cards, withdrawal-only cards, systematic authorization cards (Electron, Maestro, Cirrus...) and e-cards are not accepted.
The payment of your instalments is made by credit card or by direct debit.
The 3 instalments are as follows:
Due date 1 :
the day of your order,
1/3 of the amount of the order, including administrative costs.
Due date 2 :
30 days after your order,
1/3 of the amount of the order, including administrative costs.
Due date 3 :
60 days after your order,
1/3 of the amount of the order, including administrative costs.
In case of rejection of your payment, we grant you 7 days to regularize your situation without late interest 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 sums will become immediately due.
7. OWNERSHIP AND TRANSFER OF RISKS
The Products become the property of the Customer upon validation of the Order. Consequently, the Customer is solely responsible for the importation and introduction of the Products into the destination country he has chosen for shipment. The Customer is invited to consult any obligations incumbent upon him due to the importation of the Products into said destination country.
All risk of loss or damage to the Products is transferred to the Professional Customer from the transfer of ownership.
All risk of loss or damage to the Products is transferred to the Consumer Customer at the moment when he or a third party designated by him, other than the carrier proposed by the Seller, physically takes possession of the Products.
When the Consumer or the Non-Professional entrusts the Delivery of the Products to a carrier other than the one proposed by the Seller, the risk of loss or damage to the good will be transferred to the Consumer or the Non-Professional upon delivery of the good to the carrier.
The delivery of the Order is made at the Client's choice, expressed during the Order, by delivering the Order to an address provided by the Client or to the address of one of the Assembly Stations listed on the Site and which the Client may have designated.
8.1 SHIPPING FEES
Regarding auto parts and all other items, shipping costs are indicated in the cart.
Regarding tires, delivery is free for the Customer for any purchase of two (2) identical products. In case of single purchase (car tires, rim), the shipping costs are the responsibility of the Customer, except for motorcycle tires where shipping is free from the first tire purchased.
8.2 DELIVERY TIME
The Seller undertakes to deliver the Order within a maximum period of thirty (30) days from the validation of the Order (" Delivery Time "). The Customer acknowledges and accepts without reservation that no other time mentioned on the Site constitutes a firm commitment from the Seller to the Customer.
The Customer is informed purely for information purposes that delivery usually takes place between two (2) and eight (8) working days from the receipt of the full payment of the Order Price. In case of selection of several Products within the same Order, they may not be delivered on the same day without this giving rise to any claim on the part of the Customer.
Outside the case of delivery at the Assembly Station, the aforementioned Delivery Time is interrupted in the following cases:
- payment delay;
- error in the address declared by the Customer;
- absence of the Customer or his authorized representative to receive the Order.
In cases (i) and (ii), the Delivery Time will start running again from the regularization of the payment incident for a new period of thirty (30) days.
In case (iii), the Customer and the Seller (or the carrier if applicable) will agree on a new delivery date for which the Customer undertakes that he or his representative will be present.
In case of failure of the Seller to fulfill his obligation to deliver the Order within the Delivery Time, the Consumer or the Non-Professional can terminate the Sale if, after having put the Seller on notice to deliver the Order within a reasonable additional time, the latter has not performed within this time.
The Sale is considered as resolved upon receipt by the Seller of the letter or the writing informing him of this resolution, unless the Seller has performed in the meantime.
The Consumer or the Non-Professional can however immediately terminate the Sale:
- when the Seller refuses to deliver the Order or when it is obvious that he will not deliver the Order;
- when the Seller does not fulfill his obligation to deliver the Order on the date or at the expiration of the Delivery Time and this deadline is a essential condition of the contract for the Consumer or the Non-Professional. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Consumer or the Non-Professional before the conclusion of the contract.
In addition to the possibility of terminating the Sale, the Consumer or the Non-Professional can make use of any other remedy provided by his national law.
The Consumer and the Non-Professional are also invited to consult Article Article 4.5 on the subject of resolution.
These rights of the Consumer or the Non-Professional are without prejudice to the allocation of damages and interests.
When the Sale is resolved under the conditions of this Article, the Company reimburses the Consumer or the Non-Professional for all sums paid, at the latest within fourteen (14) days following the date on which the Sale was denounced.
8.3 DIFFICULTIES WITH DELIVERED PRODUCTS
The Customer, his agent or representative must verify the conformity of the Products' condition upon delivery, whether this takes place at his home or at a Fitting Station. The Customer is personally responsible for informing and giving instructions to his agents or representatives for the verification of the Products' conformity.
The Customer, his agent or representative must notify the Carrier of any reservations about the Products upon delivery. These reservations must be explicitly and precisely mentioned on the Delivery Note.
If the Products subject to the Order are not in conformity or if the received package is in poor condition, the Customer may refuse the Delivery. He must then inform the Seller without delay by contacting the customer service via the ticket system.
In case of non-conformity, the stipulations of Article 10.3 below apply.
In case of a damaged and refused package, a dispute will be opened with the Carrier of the Products subject to the Order. A dated and signed damaged package certificate will be requested from the Customer in order to open the dispute. In the case where the Delivery took place at a Fitting Station, the Customer will have to get the certificate signed by the Fitting Station.
The time frame for resolving disputes with the Carrier is a minimum of ten (10) working days and can last up to four (4) weeks from its opening. These time frames are given as an indication by the Seller based on his experience and cannot in any way be binding.
The application of these stipulations is made without prejudice to all other remedies available to the Customer under applicable law.
8.4 DELIVERY NOTE
The Carrier delivers to the Customer or to the Assembly Station as the case may be a Delivery Note against signature, which Delivery Note explicitly indicates the possibility of making reservations notably in case of apparent defects of the Product(s) or failure to deliver the user manual.
The Customer acknowledges and accepts that his, his employee's or his representative's signature on such a Delivery Note constitutes irrefutable proof of the Delivery Date of the entire Order or, in case of separate delivery of Products from the same Order, of the Products concerned by this delivery.
8.5 SPECIFIC STIPULATIONS ON DELIVERY TO THE ADDRESS DECLARED BY THE CUSTOMER
The Seller undertakes to deliver the Order to the delivery address that was provided by the Customer at the time of the Order. In this regard, the Customer undertakes to provide the Seller with an existing, complete and accurate delivery address of a place where the delivery of the Order is feasible and authorized.
The Customer guarantees the Seller his presence on the premises, or that of a duly authorized deputy or representative, to receive the Order. Otherwise, the Seller cannot be held responsible for any delay in delivery.
If the Customer is absent during the delivery, he will have to contact the Carrier in charge of his package to agree on a new delivery date or a withdrawal at the nearest depot.
The second delivery attempt will be subject to a re-delivery attempt fee of three (3) GBP in favor of the Seller.
If the Customer has not contacted the Carrier within the deadline set by the latter, the packages will be shipped back to the Seller's warehouses, who will notify the cancellation of the Order and the resolution of the Sale upon receipt of the return package.
The return costs of twenty-five (25) GBP per package will be exclusively borne by the Customer.
The return costs as well as any re-delivery costs will be deducted when refunding the Order.
8.6 SPECIFIC STIPULATIONS ON DELIVERY TO AN ASSEMBLY STATION
The Seller offers the possibility that the Customer's Order be delivered to an Assembly Station to facilitate any additional service that the Customer may request from the Assembly Station of their choice.
In the case of a Delivery to an Assembly Station, the Customer undertakes to collect the Order within thirty (30) calendar days from the notification of the Order's availability by the Assembly Station. The Seller excludes any warranty as to the preservation of the Order by the Assembly Station beyond this period.
Upon receipt of the Order at the Assembly Station, the Customer may request an assembly service. This service is the sole responsibility of the Assembly Station and the Customer acknowledges and accepts that the Seller is completely third party to this assembly service contract.
Consequently, when the Customer decides to have their Products assembled at an Assembly Station, the Seller cannot be held responsible for the reception, storage, disassembly, assembly and balancing services provided under the full and exclusive responsibility of the Assembly Station. Assembly rates are set at the discretion of the Assembly Station without any intervention from the Seller.
Notwithstanding the foregoing, the Seller provides the Customer, purely for informational purposes, with the pricing and other practical information (opening hours, maximum mounting diameter, etc.) transmitted by the Assembly Stations. The Seller does not guarantee the effectiveness or accuracy of this information
The Customer is advised to inquire in advance at the Assembly Station about rates and any other practical information
8.7 DEPOSITED PRODUCTS
Some Products may be deposited. They are subject to a specific mention "Part deposited under standard exchange" in their technical sheet.
The price of the deposited Products includes the amount of the part and a deposit i.e. the amount requested by the manufacturer to ensure the return of the old spare parts for their reconditioning and recycling.
Upon receipt of the new Product, the Customer must return the used Product to the Seller at the address provided by the latter for the returns of deposited Products within a maximum period of thirty (30) days from the receipt of the new Product. Otherwise, the Customer will not be able to obtain any refund of the deposit.
The returned Product must be equivalent, complete and placed in the packaging of the new Product. The return shipping costs are the responsibility of the Customer.
Upon receipt of the used Product, the Seller refunds the Customer the amount of the deposit within a maximum period of fifteen (15) days provided that the used Product complies with the above prescriptions.
The refund is made using the same payment method as the one used by the Customer for the purchase of the new Product.
9. RIGHT OF WITHDRAWAL
9.1 BENEFICIARY OF THE RIGHT OF WITHDRAWAL
The holder of the right of withdrawal (the "Holder of the Right of Withdrawal") is the Consumer Client when the Contract is concluded remotely, following a telephone solicitation or outside of an establishment.
9.2 WITHDRAWAL PERIOD
The Holder of the Right of Withdrawal has a period of fourteen (14) days (hereinafter the "Withdrawal Period") to exercise his right of withdrawal without having to justify his decision, nor to bear other costs than those mentioned in this article.
The Withdrawal Period runs from the receipt of the Product(s) by the Holder of the Right of Withdrawal or a third party, other than the carrier, designated by him. If the Contract is concluded off-premises, the Holder of the Right of Withdrawal can exercise his right of withdrawal from the conclusion of the Contract.
In the case of a Sale on several Products delivered separately or in the case of a Sale of a Product composed of lots or multiple pieces whose delivery is staggered over a defined period, the Withdrawal Period runs from the receipt of the last Product or lot or the last piece.
In the case of an Order providing for the regular delivery of Products over a defined period, the Withdrawal Period runs from the receipt of the first Product.
The day the Contract is concluded or the day of receipt of the Product is not counted in the Withdrawal Period. The Withdrawal Period begins to run at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the Withdrawal Period. If the Withdrawal Period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the first working day following.
9.3 EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise his right of withdrawal, the Holder of the Right of Withdrawal informs the Seller of his decision to withdraw by sending to the Seller, before the expiration of the Withdrawal Period, the form available here (and at the end of these conditions) duly completed, or any other statement expressing his unambiguous desire to withdraw and sent by email (https://www.tyreleader.co.uk/contact).
The burden of proof of the exercise of the right of withdrawal lies with the Holder of the Right of Withdrawal.
9.4 RETURN OF THE PRODUCT(S)
The Holder of the Right of Withdrawal returns or gives back the Product(s) to the Seller or to a person designated by the latter, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw, unless the Seller proposes to collect the Product(s) himself.
The Holder of the Right of Withdrawal only bears the direct costs of returning the Product(s).
The Holder of the Right of Withdrawal can either organize the return of the Product(s) himself by directly taking on the associated costs or request from the Seller, subject to the latter's acceptance, the handling of this return which will be re-invoiced to the Holder of the Right of Withdrawal at a flat rate of twenty-five (25) GBP per item.
The liability of the Holder of the Right of Withdrawal can only be engaged in case of depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s).
When the right of withdrawal is exercised, the Seller refunds the Holder of the Right of Withdrawal the full amount paid, including delivery charges, without undue delay and no later than fourteen (14) days from the date on which he is informed of the decision of the Holder of the Right of Withdrawal to withdraw.
Notwithstanding the foregoing, when the Seller does not offer to collect the Product(s) himself, the Seller may defer the refund until recovery of the Product(s) or until the Holder of the Right of Withdrawal has provided proof of shipment of the Product(s), the date chosen being that of the first of these facts.
The Seller makes this refund using the same means of payment as that used by the Holder of the Right of Withdrawal for the initial transaction, unless expressly agreed by the Holder of the Right of Withdrawal for him to use another means of payment and insofar as the refund does not incur any charges for the Holder of the Right of Withdrawal.
The Seller is not required to refund additional costs if the Holder of the Right of Withdrawal has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
The exercise of the right of withdrawal terminates the obligation of the Parties either to execute the Distance Contract or the Off-Premises Contract, or to conclude it when the Holder of the Right of Withdrawal has made an offer. The exercise of the right of withdrawal from a main Distance or Off-Premises Contract automatically terminates any ancillary contract, without any charges for the Holder of the Right of Withdrawal other than those provided for in this article.
The implementation of any warranty provided in this Article must be requested by contacting the Seller at the following URL address:
10.1 PRIOR WARNING
The Customer is required to ensure that the Products he orders comply with the manufacturer's specifications of his vehicle.
The Customer is also required to comply with the manufacturer's prescriptions and recommendations for everything related to the safety and reliability of the vehicle, including the size of the tires and rims, the inflation and pressure of the tires, as well as the conditions for mounting and storing tires.
None of the warranties stipulated in this article take into account defects due to a mounting error, nor to the normal wear and tear of the Products, nor the consequences due to non-compliant use of the Products, nor the deterioration of the Products due to negligence by the Customer or one of his employees.
No warranty is granted by the Seller in relation to any defect in the Products directly caused by the service of a Mounting Station chosen by the Customer.
10.2 THE CONFORMITY GUARANTEE
10.2.1 Conformity of Products
The Seller delivers to the Consumer Client Products that meet the requirements set out in Articles 10.2.2, 10.2.3 and 10.2.4.
10.2.2 Subjective criteria of conformity
In order to be in conformity with the Sales contract, the Products must in particular, where applicable:
- correspond to the description, type, quantity and quality and present the functionality, compatibility, interoperability and other characteristics as provided for in the Sales contract ;
- be suitable for the specific purpose sought by the Consumer, which the latter has brought to the Seller's attention at the latest at the time of conclusion of the Sales contract and which the Seller has accepted ;
- be delivered with all accessories and all instructions, particularly for installation, as provided for in the Sales contract; and
- be provided with updates as provided for in the Sales contract.
10.2.3 Objective Compliance Criteria
(i) In addition to meeting all compliance requirements provided for in the contract, the Products must:
- be suitable for the purposes for which goods of the same type would normally be used, taking into account, if applicable, any provision of European Union law and national law in force as well as any existing technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
- if applicable, present the quality of a sample or model that the Seller has made available to the Consumer before the conclusion of the contract, and correspond to the description of this sample or model;
- if applicable, be delivered with the accessories, including packaging and installation instructions or other instructions, that the Consumer can reasonably expect to receive; and
- be in quantity and present the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, normal for goods of the same type and which the Consumer can reasonably expect, in view of the nature of the Products and taking into account any public statement made by the Seller or other persons located upstream in the transaction chain or on behalf of the Seller or such persons, including the producer, particularly in advertisements or on the label.
(ii) The Seller is not bound by the public statements referred to in (i), point d), if he demonstrates:
- that he did not, and could not reasonably, have knowledge of the public statement concerned;
- that, at the time of the conclusion of the contract, the public statement had been corrected in the same way as that in which said statement had been made or in a comparable way; or
- that the decision to buy the Products could not have been influenced by the public statement.
(iii) There is no lack of conformity within the meaning of (i) if, at the time of the conclusion of the Sales contract, the Consumer was specifically informed that a particular feature of the Products deviated from the objective compliance criteria provided for in (i) and that the Consumer expressly and separately accepted this deviation when he concluded the Sales contract.
10.2.4 Incorrect Installation of Products
Any non-compliance that results from the incorrect installation of the Products is deemed to be a non-compliance of the Products if:
- the installation is part of the Sales contract and was carried out by the Seller or under his responsibility; or
- the installation, which was to be carried out by the Consumer, was carried out by him and the incorrect installation is due to shortcomings in the installation instructions provided by the Seller.
10.2.5 Seller's Liability
The Seller is liable to the Consumer for any lack of conformity that exists at the time of the Product's delivery and that appears within a period of two (2) years from that time, without prejudice to a longer period provided by the Consumer's national legislation, which the latter is invited to consult.
10.2.6 Burden of Proof
Any lack of conformity that appears within a period of one (1) year from the time the Products were delivered is presumed to have existed at the time of the Products' delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Products or the nature of the lack of conformity. The aforementioned period applies without prejudice to a longer period provided by the Consumer's national legislation, which the latter is invited to consult.
The Consumer's national legislation may provide that to benefit from his rights, the Consumer must inform the Seller of a lack of conformity within a certain period from the date on which he noticed this defect. The Consumer is invited to consult his national legislation on this point.
10.2.8 Consumer's recourse for non-compliance
(i) In case of non-compliance, the Consumer is entitled to the compliance of the Products, a proportional reduction of the price, or the resolution of the Sale, under the conditions set out in this article.
(ii) To obtain the compliance of the Products, the Consumer can choose between repair and replacement, unless the chosen recourse is impossible or would impose on the Seller costs that would be disproportionate, taking into account all the circumstances, in particular:
- the value that the Products would have in the absence of non-compliance;
- the significance of the non-compliance; and
- the possible option to opt for the other recourse without major inconvenience for the Consumer.
(iii) The Seller may refuse to bring the Products into compliance if repair and replacement prove impossible or when this would impose on him costs that would be disproportionate, taking into account all the circumstances, in particular those mentioned in (ii), points a) and b).
(iv) The Consumer is entitled either to a proportional reduction of the price in accordance with Article 10.2.10, or to the resolution of the Sale contract in accordance with Article 10.2.11, in each of the following cases
- the Seller has not carried out the repair or replacement or, where applicable, has not carried out the repair or replacement in accordance with Article 10.2.8, (ii) and (iii), or the Seller has refused to bring the Products into compliance in accordance with (iii) of this article ;
- a non-compliance appears despite the Seller's attempt to bring the Products into compliance ;
- the non-compliance is so serious that it justifies an immediate reduction in price or the immediate resolution of the Sale contract; or
- the Seller has declared, or it clearly results from the circumstances, that the Seller will not proceed with the compliance of the Products within a reasonable time or without major inconvenience for the Consumer.
(v) The Consumer is not entitled to the resolution of the contract if the non-compliance is only minor. The burden of proof as to whether the non-compliance is minor or not lies with the Seller.
(vi) The Consumer has the right to suspend the payment of the balance of the price or a part of it until the Seller has fulfilled his obligations under the warranty. Specific terms for the exercise of the right to suspend payment may be provided for by the Consumer's national legislation, which the latter is invited to consult.
(vii) The Consumer's national legislation may regulate the question of whether, and to what extent, the fact that the Consumer contributes to the non-compliance affects his right to remedies. The Consumer is therefore invited to consult his national legislation on this point.
10.2.9 Repair or Replacement of Products
(i) A repair or replacement is carried out:
- free of charge;
- within a reasonable time from the moment the Seller has been informed by the Consumer of the non-compliance; and
- without major inconvenience to the Consumer, taking into account the nature of the Products and the use sought by the Consumer.
(ii) When it is necessary to remedy the non-compliance by repairing or replacing the Products, the Consumer makes the Products available to the Seller. The Seller takes back the replaced Products at his own expense.
(iii) When a repair requires the removal of the Products that had been installed in accordance with their nature and purpose before the non-compliance appeared, or when these Products need to be replaced, the obligation to repair or replace the Products includes the removal of non-compliant Products and the installation of replacement Products or repaired Products, or the assumption of removal and installation costs.
(iv) The Consumer is not required to pay for the normal use he has made of the replaced Products during the period prior to their replacement.
10.2.10 Price Reduction
The price reduction is proportional to the difference between the value of the Products received by the Consumer and the value that the Products would have if they were compliant.
10.2.11 Resolution of the Sale
(i) The Consumer exercises his right to the resolution of the Sale by sending the seller a declaration stating his decision to exercise his right to the resolution of the Sale contract.
(ii) When the non-compliance only concerns some of the Products delivered under the Sale contract and there is a reason for the resolution of the sale contract under Article 10.2.7, the Consumer can only exercise his right to the resolution of the Sale contract with respect to these Products, and with respect to any other Product he acquired at the same time as the non-compliant Products if it cannot reasonably be expected of the Consumer to only keep the compliant Products.
(iii) When the Consumer exercises his right to the resolution of the Sale contract in its entirety or, in accordance with (ii), with respect to some of the Products delivered under the Sale contract:
- the consumer returns the Products to the Seller at the latter's expense; and
- the Seller refunds the Consumer the price paid for the Products upon receipt of the Products or proof of their return provided by the Consumer.
For the purposes of this paragraph, the Consumer's national legislation may provide for the terms of the return and refund. The Consumer is therefore invited to consult his national legislation on this point.
10.3 WARRANTY FOR HIDDEN DEFECTS
Without prejudice to the legal warranty of conformity referred to in Article 10.2, the Consumer Client may benefit from national rules not specifically governing consumer contracts and providing specific remedies for certain types of defects that were not apparent at the time of conclusion of the sales contract, namely national provisions that may set specific rules relating to the seller's liability in case of hidden defects. The Consumer is invited to consult his national legislation on this point.
The Professional or Non-Professional Client benefit from any warranties provided by Andorran law.
10.4 COMMERCIAL WARRANTY
The Seller offers the Client to associate with his Order, under certain conditions, a commercial warranty called "Tires Plus Warranty" through the commercial warranty contract which is accessible here.
This commercial warranty applies without prejudice to the right for the Consumer to benefit from the legal warranty of conformity referred to in Article 10.2 or from national provisions relating to the warranty for hidden defects referred to in Article 10.3.
In the event that the Professional or the Non-Professional subscribes to the commercial warranty, the latter applies without prejudice to the right for the Professional or the Non-Professional to benefit from any warranties provided by Andorran law.
11. LIMITATION OF LIABILITY
Unless one of the Parties' non-performance is final, damages are only due if the debtor Party has previously been put on notice to perform within a reasonable time. The debtor Party is condemned, if necessary, to the payment of damages either due to the non-performance of the obligation, or due to the delay in performance, if it does not justify that the performance was prevented by a case of Force Majeure. The debtor Party will only be liable for damages that were foreseen or could have been foreseen at the time of the Contract's conclusion, except when the non-performance is due to gross negligence or fraud. Even in the case where the non-performance of the Contract results from gross negligence or fraud, damages only include what is an immediate and direct consequence of the non-performance.
The Seller is insured for his professional liability arising from his activity and resulting from bodily, material and immaterial damages caused to third parties before or after the delivery of a product or the completion of a work service.
This insurance has been taken out with the company AXA France - 313 Terrasses de l’Arche – 92727 Nanterre Cedex (France).
The geographical coverage of this insurance extends worldwide with the exception of (i) activities carried out by establishments or permanent facilities, located outside of France, Andorra and Monaco; (ii) exports to the United States of America and Canada; (iii) services or works performed by the insured or on his behalf in the territories of the United States of America and Canada, including the organization of trade shows, fairs or exhibitions.
13. FORCE MAJEURE
In the event of Force Majeure resulting in a definitive impediment of the debtor Party, the Contract is automatically terminated and the Parties are released from their obligations.
In the event of Force Majeure resulting in a temporary impediment, the execution of the obligation is suspended unless the resulting delay justifies the termination of the Contract.
The impossibility of fulfilling a contractual obligation by a Party releases this Party to the extent that it arises from a case of Force Majeure and that it is definitive, unless it has agreed to take charge of it or it has been previously put on notice.
14. PERSONAL DATA
The personal data collected by the Seller about the Client in the context of the Sale are subject to automated processing for which the Seller alone defines the means and purpose and is, in this respect, responsible for this processing within the meaning of article 3.4 of the Andorran law 15/2003 of December 18, 2003 on the protection of personal data (hereinafter the "LQPD").
15. CONTRACTUAL DOCUMENTS
The Contract consists of the following contractual documents:
- these General Terms and Conditions of Sale;
- the Order Form;
- the Delivery Note;
- the Sales Invoice.
In case of contradiction or divergence between the stipulations of two of the documents, the stipulation of the higher-ranking document will prevail (ex: Sales Invoice prevails over Delivery Note; Delivery Note prevails over Order Form; Order Form prevails over GTC).
Any mention made by the Customer, his employee or his representative, on the Delivery Note other than his signature will not be considered contractual without the Seller's acceptance.
All of the above-mentioned contractual documents represent the entirety of the commitments existing between the Parties. These contractual documents replace and cancel any previous oral or written commitment related to the Sale.
The Parties have agreed to bear the risk of any unforeseen change in circumstances that would make the performance of each of the Parties' obligations under the Contract too burdensome.
The headings used in the GTCs are only provided for convenience and should not contribute to affecting the meaning or structure of the stipulations of the GTCs.
In case of interpretation difficulty between any of the headings appearing at the top of the clauses, and any of the clauses, the headings will be declared non-existent.
If one or more provisions of the GTCs were to be declared null, unwritten or unenforceable in application of a law, a regulation or following a final decision of a competent jurisdiction, this or these provision(s) should or must be considered as detachable from the GTCs. The other provisions of the GTCs will be considered as valid, and will remain in force, unless one of the Parties demonstrates that the cancelled provision(s) have an essential and determining character without which it would not have contracted.
The fact that one of the Parties does not take advantage of a breach by the other Party of any of its obligations arising from the Contract should not be interpreted as a waiver of the execution of the obligation in question in the absence of prescription.
19. MODERATION CHARTER
The Seller's online review moderation charter is accessible here.
In case of a claim, the Customer is invited to contact the Seller via the form accessible here.
As part of any claim, the Customer is invited to indicate the number of their Order.
The Seller will make their best efforts to respond to any claim as soon as possible.
The possibility of making a claim by the Customer is without prejudice to the exercise of their right to refer to the consumer mediator under the conditions of Article 21 or any competent jurisdiction.
The Consumer Client has the possibility, in case of dispute, to resort to consumer mediation by contacting AME Conso, 11 place Dauphine, 75001 Paris and its e-mediation platform: mediationconso-ame.com.
In application of 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 seizing the Online Dispute Resolution (ODR) platform provided by the European Commission and accessible at the following address: Online Dispute Resolution.
22. APPLICABLE LAW
The contractual relationships between the Seller and the Consumer Client located in the territory of the European Union are governed by the law of the Member State in which the latter is established, with regard to its protection under the consumer law of said Member State.
As the Order data is computer processed by the Maltese establishment of the Seller, Maltese law will apply in matters of personal data processing.
As for any other matter not covered by the two stipulations above, Andorran law will be applied subsidiarily.