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Consumer terms and conditions of sale

Consumer terms and conditions of sale for Ireland residents as of 21/08/2018.

1. Scope

The Pneus Online website is run by:

PNEUS ONLINE TRADING c.v.
Nassaulaan 2A
2514 JS THE HAGUE
NETHERLANDS

Service Hotline PNEUS ONLINE TRADING
Tel.:153 033 21 54
Contact: contact form

Managing Partner: PNEUS ONLINE TRADING represented by Alexis NERGUISIAN
Website content manager: Kevin CASTELAIN

PNEUS ONLINE TRADING, Dutch subsidiary of PNEUS ONLINE SUISSE SARL, is a company under Dutch law, registered at the Chamber of commerce of The Hague under number 27322651 with capital of 100 EUR.

VAT identification number for Ireland: IE 9736287H

The present PNEUS ONLINE TRADING general term and conditions of sale are applicable in Ireland, i.e. to customers with invoicing and delivery addresses located in Ireland.

2. Products

2.1

Products sold by the company PNEUS ONLINE TRADING are destined to people and companies. Shipping will have to take place in the client's country of residence. All the tyres sold on our web site are LHD, or equally LHD/RHD, except if specified differently in the reference.

2.2

Products sold on PNEUS ONLINE TRADING website carry E certification symbol and are exclusively new. PNEUS ONLINE TRADING does not sell second-hand products eg re-tread tyres. The pictures of each product are non-binding.
Pneus Online guarantees to its customers that it will not offer for sale on its Web site tyres which are more than 3 years old.
All our tyres are new and of recent manufacture.
However, Pneus Online cannot select a tyre with a specific manufacturing date for a particular order.

2.3 Use of products

Given the specificity and the highly technical nature of the products sold by PNEUS ONLINE TRADING, the client is expected to strictly adhere to the instructions and recommandations concerning safety and reliability. This includes use (vehicle, inflation, pressure, etc.), mounting and storage of the product. PNEUS ONLINE TRADING is in no way liable for poorly mounted tyres or damage caused by use under abnormal conditions.

2.4 Product Availability

Considering the important volume of daily order processing, PNEUS ONLINE TRADING does not guarantee absolute availability of products and services ordered.
PNEUS ONLINE TRADING commits itself to processing the orders placed on the website while quantities last. In case the product or service ordered is not available anymore, PNEUS ONLINE TRADING will contact and inform the customer as soon as possible.

In case of no stock, PNEUS ONLINE TRADING will contact the customer at its earliest possible convenience in order to suggest a change of reference or a cancellation.

In case of an order modification, PNEUS ONLINE TRADING will adjust the amount (overdue/due) according to the new reference chosen and will confirm the modified order by email.

3. Order

3.1 Order registration

Orders must be placed via the PNEUS ONLINE TRADING Website.

3.2 Order confirmation

An order confirmation will be sent to the customer within 24 hours after registration of the order, by automatic email to the email address provided by the customer at registration.

Orders are processed upon payment approval and dispatched immediately, on working days. Any order for which payment is not made within seven days after receipt by the customer of the order confirmation will be automatically cancelled.

3.3 Order modification

Information supplied by the customer, when placing the order, is binding. In the event of an error in the spelling of the email address or recipient's details, PNEUS ONLINE TRADING cannot be held liable for its inability to confirm the order or make delivery.

Once the order has been paid and the payment has been approved, the customer may neither change the delivery address nor any other of the order details (items, billing or delivery address). The customer may, however, at his own risk, request a change of delivery address from the transport company. In that case PNEUS ONLINE TRADING cannot be held responsible for any delivery error or loss by the transport company.
In the event of an error in one of these details, the customer must contact PNEUS ONLINE TRADING hotline service, using the contact form. For cancellation and reimbursement of the order (see art. 7. CANCELLATION).

3.4 Refusal of order processing

PNEUS ONLINE TRADING reserves the right to cancel or refuse an order based on the result of a risk assessment.

4. Price and payment

4.1

Prices given on the website of PNEUS ONLINE TRADING for Ireland are expressed in Euros and include VAT.

4.2

PNEUS ONLINE TRADING reserves the right to change its prices at any time, without notice. The price to pay is the price of the date of order.

4.3 Payment by debit/credit card

Payment by debit/credit card (SSL 256 bits) is done on the WorldPay website thanks to the secured payment solution WorldPay.

4.4 Payment by Bank transfer

The client should refer to the "Payment Information" section to obtain PNEUS ONLINE TRADING bank details. The order will not be considered valid until PNEUS ONLINE TRADING's bank has received payment (allow 1-2 business days for bank transfers).
Orders are processed upon payment approval and dispatched immediately, on working days. Any order for which payment is not made within seven days after receipt by the customer of the order confirmation will be automatically cancelled.

4.5 Price matching for tyres and wheels

PNEUS ONLINE TRADING matches its prices with its competitors' for tyres (except for ATV tyres) and wheels and offers an extra discount up to 3%.

If you find better prices for your country of delivery on another website, PNEUS ONLINE TRADING price matches offering you an extra discount up to 3%. You must send your request by email to our customer service via the contact form. We price match to certain conditions :

  • You must have or create an account. You may create an account via the customer form;
  • You must contact us BEFORE placing the order via the contact form to indicate us your email address, the competitor's website, the exact caracteristics of the product (tyres or wheels), the quantity, and if possible the URL link leading to this information;
  • If price match is granted, a corresponding voucher will be available in your account. You may use this voucher to purchase the product for which you made a price match request, in the next 24 hours after our notification;
  • The item must me identical and sold on the internet: new tyres, sames dimensions, indexes, brand and profil. Production year must also be the same;
  • The competitor's delivery time must not exceed PNEUS ONLINE TRADING's of more than 5 days;
  • Price match cannot be added to other voucher codes or any other comercial gesture.

PNEUS ONLINE TRADING reserves the right to refuse the price matching and to inform its customers by e-mail, especially in case of violation of the legislation (i.e. prohibition to sell at a loss).

4.6 Measures against fraud

To prevent fraudulent payments over the internet, PNEUS ONLINE TRADING may analyze your order, also with the help of a third party service.
The hotline service of PNEUS ONLINE TRADING does not have any access to your bank information nor to the details of the analysis. With reference to this analysis PNEUS ONLINE TRADING may cancel the order and credit the amount back on the used debit/credit card.
All outstanding debts due to a fraudulent use of a credit card will lead to the registration of the data in relation with the order and linked with the outstanding debts in a file "payments incidents".

5. Proprietorship

Any product shipped to client remains property of PNEUS ONLINE TRADING until full payment is received.

6. Shipping

The shipping address communicated by the customer must be in the same country as the billing address, which must be the client's country of residence. It is mandatory that you check your tyres or the complete wheels yourself (or let it check very carefully bij the fitting station) before the fitting is done to be sure of their compliance with the order and their compatibility with the vehicle. In case of mistake in the tyres or complete wheels shipped, the tyres or complete wheels will not be taken back or refunded after mounting.

6.1 Multi-address delivery for a single order

An order can be delivered to different addresses only if the delivery addresses are in the same country as the customer billing address. Same product family (e.g. wheels) cannot be delivered to multiple addresses.

6.2 The delivery is free of charge except the following cases :

  • Orders containing a single car and/or motorcycle and/or quad tire
  • Orders containing a single rim
  • Orders containing a single oil can.

The delivery costs will be 9€ per car and/or motorcycle and/or quad tire, 13€ per rim and 6.90€ per oil can.

6.3 Delays

Delivery time ranges from three (3) to five (5) business days and is given as an approximate only. Therefore, delays will never result in compensations or cancellation of the order.

6.4 Delivery notification

Delivery is made by courier under contract with PNEUS ONLINE TRADING. If you are not at home when the agent tries to deliver, he will leave a card with a contact telephone number for you to call to arrange redelivery. Items will be returned to us after 3 to 4 days if you have not made contact with the courier or with PNEUS ONLINE TRADING hotline service contact form .
In that case, the order will be re-funded and return fees of 40 EUR, tax included, per tyre or per rim or per snow chain will be deducted from the refund.
The terms and conditions for the return of the complete wheels are indicated in chapter 7.2 return of the products.

6.5 Delivery to a fitting station

You have the option to choose a fitting station for the shipping and fitting of the tyres only (except for ATV tyres). Fitting will be done in that specific fitting station only; PNEUS ONLINE TRADING has no involvement in the fitting of the tyres.
It is your duty to contact the garage before ordering to make sure it can receive and mount the tyres. It is mandatory that you check your tyres yourself (or let it check bij the fitting station) before the fitting is done to be sure of their compliance with the order and their compatibility with the vehicle. In case of mistake in the tyres shipped, the tyres will not be taken back or refunded after mounting.

6.6 Missing item

If an item is missing, the customer must both notify it on the delivery receipt provided by the delivery agent and inform PNEUS ONLINE TRADING service hotline by contact form or phone.
PNEUS ONLINE TRADING will dispatch the missing item to the customer as soon as possible (subject to availability).

Warning!

If nothing is indicated on the delivery receipt, PNEUS ONLINE TRADING will not take any claim into account.

6.7 Damaged or non-matching item

It is mandatory that the customer verifies the items himself before using them.
WHEELS : the customer must refuse the delivery of a damaged wheel. If the delivery of a damaged wheel is accepted, PNEUS ONLINE TRADING will in no case take it back.
If a wheel does not correspond to the reference displayed on the bill, the client should refuse the delivery and notify it on the delivery receipt provided by the delivery agent. See also our advice about the wheels Wheel Tips Wheel Tips.
TYRES: After receipt, the customer has 14 days to check the tyres and inform PNEUS ONLINE TRADING hotline service of the claim by contact form or phone.
Tyres will not be taken back or refunded AFTER mounting, even if the wrong reference was delivered.
If a tyre is damaged or does not match the reference displayed on the bill, the client should refuse the delivery and notify it on the delivery receipt provided by the delivery agent.
The customer must inform PNEUS ONLINE TRADING about the damage or nonconformity of the product received by contact form. The customer may avail himself of the protections provided by law, in accordance with Article 8 "Product Warranty".
PNEUS ONLINE TRADING agrees to accept erroneous or non-compliant products at its expense and to ship new products as soon as possible and, in any event, no later than 4 (four) business days. Otherwise, PNEUS ONLINE TRADING will do its best to provide the customer with a product equivalent to that ordered. In any case, the customer also has the right to request an immediate refund of the amount.
PNEUS ONLINE TRADING is committed to take back free of charge damaged products or non-matching products and ship new products in the best possible deadline, if the conditions above are fulfilled and according to the availability of the product(s) (if the conditions mentioned in paragraph 6.8 are respected).
The person who receive the wheels parcels must, before signing the bill of delivery, remove the products from their packaging and check by himself the compliance of the product with the order and the lack of damage on the rims.
Wheels must be returned in their original package and in any case in a packaging protecting them from shocks during the transport.
If nothing is indicated on the delivery receipt for damaged complete wheels or if the complete wheels have already been fitted, PNEUS ONLINE TRADING will not take any complaint into consideration. In those cases, the complete wheels will not be returned or refund.

6.8 Loss of parcel

If delivery has still not occurred within 5 days after receipt of parcel numbers, you must inform the service hotline of PNEUS ONLINE TRADING by contact form, exceptions made from the information contained in articles 7.4 and 8.5.
A claim will then be filed with the transport company in order to find the reason for lateness.

2 scenarios :

  • The courier does not find the delivery address or does not have the delivery address anymore.
    Solution : PNEUS ONLINE TRADING transmits the complete address to the courier. Parcel should be delivered within 48 to 72 hours.
  • The parcel is not traceable. The courier files a claim which can take up to 10 business days. Solution : If the parcel is found, it will be shipped to the customer. If the parcel is lost, PNEUS ONLINE TRADING proceeds to a new shipment or a refund of the order, according to the client's instructions and the availability of the product(s).

7. Cancellation and Return

Customers have 14 days from the date the products are delivered, in which to exercise their right to change their mind about an order placed, for any reason whatsoever. If the customer has appointed a trusted person to take receipt of the delivery, the right of withdrawal runs from the date the product is delivered to that person, (other than the delivery firm).
PNEUS ONLINE TRADING must be notified of the withdrawal in writing, using the cancellation form or another form of statement to this effect in writing, sent by other means. In the event that other means are used, it is the consumer’s responsibility to establish proof that withdrawal has been made.
To be able to exercise the right of withdrawal, the customer must give notice before the 14-day cooling-off period has expired and the product must be returned to PNEUS ONLINE TRADING in accordance with the instructions at point 7.3 How to return products.
For more information about the right of withdrawal and instructions on how to proceed, you can contact the PNEUS ONLINE TRADING customer service department.
At all events, the customer is bound to return the products in accordance with the instructions in article 7.3, How to return products, within 14 days following the date on which the customer has notified his withdrawal.
The customer must accept liability for the costs involved in returning the products, as provided in article 7.3, How to return products. The customer may be considered liable for the loss in value of the products, arising from the products being handled in a manner other than that necessary to establish the nature and features of the products and how they are operated.
Provisions pertaining to withdrawal do not apply to products for which the law provides exceptions to the right of withdrawal (for example, personalized products, custom-built, products at risk of deteriorating rapidly, products sealed hermetically which cannot be returned for safety or hygiene reason, etc.).

7.1 Withdrawal period

The fourteen-day period begins on the day the delivery receipt is signed by the customer.
PNEUS ONLINE TRADING will refund any product returned within this period, minus the return fees.

7.2 Return of products

The customer may refuse delivery or inform PNEUS ONLINE TRADING of withdrawal within a maximum of 14 days from, respectively, the date of refusal of the goods or of the delivery.
Payment of the costs of returning the products purchased shall be made by the customer directly to PNEUS ONLINE TRADING who will thereby release the customer from any obligation to pay the carrier. In effect, PNEUS ONLINE TRADING will retain an amount from the refund, equivalent to the cost of shipping the products purchased. The cost of carriage of the different types of product is stated below, if you are using PNEUS ONLINE TRADING's recommended carrier. Furthermore, with effect from the time the products purchased are handed over to the carrier indicated by PNEUS ONLINE TRADING, the customer is released from all liability should the products be lost or damaged during transport. The customer may be considered liable in the event he or she has not taken the necessary care and attention required when the products are returned, for example where the return delivery has been made in packaging not suitable for transport.
If the customer obtains a written estimate for transporting the product to the delivery point indicated by PNEUS ONLINE TRADING, from a first-rate carrier for an amount lower than stated in the following provisions, PNEUS ONLINE TRADING will match this price. PNEUS ONLINE TRADING will match this price subject to the following conditions:

  • Where the customer has obtained a lower price for transport from another carrier, the customer must contact PNEUS ONLINE TRADING via the contact form, the Website or by another means, clearly stating the price applied by the carrier and, if possible, giving the URL link where this information can be accessed, before returning the product.
  • The customer must give details of the transport as well as the delivery period, which must not exceed that of PNEUS ONLINE TRADING.PNEUS ONLINE TRADING will then organize collection and match return costs. The customer will be refunded the cost of the product, less return costs, as stated by the carrier in question.

Complete wheels

Since a complete wheel is a custom product, PNEUS ONLINE TRADING does not accept returns, in accordance with the law, and the order cannot be refunded under any circumstances.
Only cases where an error by the PNEUS ONLINE TRADING technical department, which would result in an incompatibility between the product and the vehicle indicated in the order, will be considered. The customer should inform the PNEUS ONLINE TRADING sales department using the contact form.

Other products

For any request to return goods, the customer must obtain the return procedure relating to his/her specific case from PNEUS ONLINE TRADING, using the contact form.

7.3 Refund

Return fees (40 EUR€, tax included, per tyre or per rim or per snow chain) are to be paid by the client, therefore they will be deducted from the total refunded by PNEUS ONLINE TRADING. Products will be returned or exchanged only if they are in their original condition.

Deadline for refund

Refund will occur within 14 business days after the products are back to warehouse.

Refund details

The refund of orders paid by debit/credit card will be made on the used debit/credit card.
The refund of orders paid by bank transfer will be made by bank transfer.
PNEUS ONLINE TRADING is committed to refund every product returned in the conditions indicated in these terms and conditions.
The discounts are not refundable.

7.4 Communications

In addition, the consumer is free to use any other means of communication in place of the contact form. However, proving that PNEUS ONLINE TRADING has received the communication is the consumer's responsibility.

8. PRODUCT WARRANTY

The Compliance Warranty (legal warranty) constitutes an obligation on the seller.
It is the seller and not the producer or manufacturer who is bound by law to provide the product compliance warranty. The product must possess all the qualities and features promised by the seller, stated on the label or in publicity and advertising material.
Warranty Period: the warranty is valid for 24 months from delivery. The consumer has 2 months from the time he or she discovers the defect to report the same to the seller and obtain relevant compensation such as, for example, a replacement or a repair free of charge. At all events the legislation does not allow any more than 26 months after delivery of the product in which to assert one's statutory rights. Furthermore, should a compliance defect be ascertained within 6 months following delivery of the product, it is assumed that the defect was there at the time of delivery.
The products marketed and sold by PNEUS ONLINE TRADING are covered by the seller's two-year warranty and the manufacturer's warranty. In addition, this warranty applies to products presenting damage at the time delivery is made. In any event, the defect must be reported to PNEUS ONLINE TRADING in writing using the contact form. At all events the customer has 14 days from the date of delivery to exercise his or her right of withdrawal (see article 7, WITHDRAWAL).

8.1 Tyres

The products sold by PNEUS ONLINE TRADING offer the benefits of a manufacturers guarantee.

The client has fourteen (14) business days from the delivery date to verify that the products meet quality standards.
PNEUS ONLINE TRADING is committed to exchanging any defective products reported within the standard time limit:

  • the defect is noted at the time of delivery. At that point, the client has fourteen (14) business days starting from the delivery date to inform the hotline service of PNEUS ONLINE TRADING.
  • the defect is noted during mounting, which has to take place fourteen (14) days at the latest after the date of delivery.

Important !

  • If the client/garage has had the tyres in his possession for over fourteen (14) business days, deformation caused by poor storage will not be considered a valid cause for complaint.
  • Bulges (small bumps along the tyre wall) found on tyres that have been mounted and used are not guaranteed by the manufacturer nor PNEUS ONLINE TRADING.

In case the defect is noticed after fitting is done, the client must inform PNEUS ONLINE TRADING by contact formor email to PNEUS ONLINE TRADING and submit a dated and signed agreement from the tyre professional who noticed the defect.
PNEUS ONLINE TRADING will then pick up the defective tyre and will ship it to the manufacturer's expert.
Expertise can take up to 8 weeks.
If defect is confirmed by the manufacturer, the tyre will be refunded, according to each case, its wear and tear rate.

8.2 Rims

In case of manufacturing defect, the customer must inform PNEUS ONLINE TRADING via contact form or email to PNEUS ONLINE TRADING
PNEUS ONLINE TRADING will transmit to the customer a return number to write on the parcel which will be collected by a carrier on behalf of PNEUS ONLINE TRADING.
PNEUS ONLINE TRADING commits itself to send new rims or provide a full refund as soon as possible.

8.3 Complete wheels

The customer has 14 days from the delivery date to check that the products delivered match with the order and inform PNEUS ONLINE TRADING hotline about any manufacturer's defect noticed before fitting.
If the defect is noticed after fitting, the customer must inform PNEUS ONLINE TRADING hotline service by contact form or email to PNEUS ONLINE TRADING and send photos of the product.
Depending on the defect, the PNEUS ONLINE TRADING hotline will offer the customer the best solution suitable for his case.

8.4 Other products

The fault must be advised using the contact form or email to PNEUS ONLINE TRADING.
PNEUS ONLINE TRADING will give the customer a return number to state on the package to be collected by a transport company nominated by PNEUS ONLINE TRADING.
PNEUS ONLINE TRADING undertakes to send a new product with the minimum delay.

8.5 Communications

In addition, the consumer may use other means of communication than the contact form, however proving that PNEUS ONLINE TRADING has received the communication is the consumer's responsibility.
The present PNEUS ONLINE TRADING general term and conditions of sale are applicable in Ireland, i.e. to customers with invoicing and delivery addresses located in Ireland.

9. LEGAL INFORMATION

9.1 Collecting and selling personal data

Information communicated by clients are destined to the sole use of PNEUS ONLINE TRADING which will have to transmit all or part of the information to its business partner with the aim of order processing, order shipping or providing service to its clients.
Personal data collected by PNEUS ONLINE TRADING shall not be sold or communicated to external contacts for advertising purposes.
In agreement with the Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the client has the right at any time to access and modify his personal nominal data.

9.2 Dispute management and applicable law

These terms and conditions are governed by Irish law. In the event of a dispute, the client should immediately contact the service hotline of PNEUS ONLINE TRADING in order to reach an amicable solution. Should an amicable solution be impossible, all disputes or contentions arising from contracts between PNEUS ONLINE TRADING and the client will be turned over to the appropriate court.

9.3 Legal validity

If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

9.4

PNEUS ONLINE HOLDING notifies the users that the content of its websites is protected by legislation on copyright: it includes photographs, articles, drawings and animated sequences on this site. Copyright on these elements belongs to PNEUS ONLINE HOLDING or are subject to permission of use of the owner.

Any copying or representation of all or part of this website by any means whatsoever without the express permission of PNEUS ONLINE HOLDING, is prohibited and constitutes an infringement punishable by articles L 335-2 and next of the Intellectual Property Code and the European Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.

All images, text and graphic elements used without the consent of PNEUS ONLINE HOLDING may be prosecuted.

The same applies for trademark law: the trademark PNEUS ONLINE (word or combination) is registered in different countries. Any total or partial reproduction of these trademarks (or corresponding logos) made without the express permission of PNEUS ONLINE HOLDING is prohibited by articles L.713-2 and next of the Intellectual Property Code.

In any event, PNEUS ONLINE TRADING is in no way responsible for the content and the products or services offered on the websites where Pneus Online site would be linked by hypertext links or any other type of link. PNEUS ONLINE TRADING has no control over these websites and accepts no liability regarding access, content or use of these websites, as well as damages which may result.

9.5

The databases contained on the website are protected by the provisions of the Act of July 11, 1998 transposed into the Intellectual Property Code (IPC) of the European directive of March 11, 1996 on the legal protection of databases. The extraction and/or re-utilization of the whole or of a substantial part evaluated qualitatively and/or quantitatively, of the contents of the database contained on this website are prohibited. Violators are subject to the remedies referred in Articles L 343-1 and next of the Intellectual Property Code.
The rights of databases producers also apply on tyres’ profiles with their selling prices as well as on the partner fitting centers of PNEUS ONLINE TRADING.

9.6

PNEUS ONLINE TRADING forbids the use of any program intended to aspirate the contents of the website except for search engine companies and robots formally authorized by PNEUS ONLINE TRADING.

The user also undertakes not to use programs that could create unreasonable overload and disrupt the functioning of the website.

Any fraudulent intrusion on the website and / or aspiration of the Pneus Online website content and / or extraction of its database in whole or part may be prosecuted as stipulated by the law.