Consumer terms and conditions for the sale of tyres to UK residents as of 24/11/2016.
These terms and conditions, together with the documents referred to in them, detail the terms and conditions on which PNEUS ONLINE TRADING supplies the products listed on its website ("Products"). Please read these terms and conditions carefully since in ordering any product you agree to be bound by them and if you refuse to accept these terms and conditions you will not be able to order any Products from our site.
The Pneus Online website is run by :
Service Hotline PNEUS ONLINE TRADING
Tel.:0870 631 0489
Managing Partner : PNEUS ONLINE SUISSE 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 the UK : GB 922 9835 00
Our website is intended for use by people resident in the UK. By placing an order through our website, you confirm that:
Products sold by PNEUS ONLINE TRADING are destined to people and companies whose residence and shipping addresses are in the UK. All the tyres sold on our web site are left-hand drive (LHD), or both left (LHD) and right-hand drive (RHD), unless specified otherwise in the description of the Product on the website.
The types of tyres sold on the PNEUS ONLINE TRADING site carry the EC certification symbol and are exclusively new tyres. PNEUS ONLINE TRADING does not sell used or rebuilt tyres. The characteristics of the products presented on the website can change from time to time and you are advised to check this regularly. 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.
Given the specificity and the highly technical nature of the products sold by PNEUS ONLINE TRADING, you are expected to strictly adhere to the instructions and recommendations 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.
PNEUS ONLINE TRADING does not guarantee absolute availability of products.
PNEUS ONLINE TRADING commits itself to processing the orders placed on the website while quantities last and if the product ordered is not available, PNEUS ONLINE TRADING will contact and inform you as soon as possible, offering an alternative credit note available in your online account or the cancellation and refund of the total amount of the product out of stock.
If an alternative to an unavailable product is less expensive than the product initially ordered PNEUS ONLINE TRADING will offer a credit note available in your online account or a refund of the balance. If an alternative to an unavailable product is more expensive than the product initially ordered you will need to pay the balance between the two prices to PNEUS ONLINE TRADING.
Orders placed in the UK must be placed on the PNEUS ONLINE TRADING UK website. The Bill To and Ship To addresses must be in the UK.
Your payment of the price for the goods constitutes an offer on your part to purchase the goods. We will acknowledge your offer by sending confirmation within 24 hours of receiving your order, by automatic email to the email address advised by you. Orders are processed after receipt of payment and crediting of funds in the amount stated on the invoice and will be accepted by us when we dispatch the goods to you. Our acceptance of your order brings into existence a legally binding contract between us. Any order for which payment is not received within seven days of your receipt of the order confirmation will be automatically cancelled.
Information supplied by you, when placing the order, is binding. In the event of an error in the wording 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. No change of delivery address for the package(s) can be taken into account, once the order is paid for. You may, however, at your 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 of the packages by the transport company.
No modification of the order details (size, make, profile, invoicing or delivery address) is possible after receipt of payment by PNEUS ONLINE TRADING.
In the event of an error in one of these details, you must contact the PNEUS ONLINE TRADING hotline service, using the contact form which indicates the procedure and conditions for cancellation and reimbursement of the order (see art. 7. CANCELLATION).
PNEUS ONLINE TRADING reserves the right to refuse any order from a customer for legitimate reasons.
Prices given on the website of PNEUS ONLINE TRADING for the UK are expressed in GBP and include VAT.
PNEUS ONLINE TRADING has the right to modify its prices according to supply and demand. The price of any Products will be as quoted on the website at the date of order, except in the cases of obvious error.
The PNEUS ONLINE TRADING website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lowest amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Payment by debit/credit card (SSL 128 bits) is done on the BNP Paribas website thanks to the secured payment solution Merc@net.
Any order for which payment is not received within seven days of your receipt of the order confirmation will be automatically cancelled.
PNEUS ONLINE TRADING matches its prices with its competitors' prices for the same tyres (except for ATV tyres) and wheels and offers an extra discount of up to 3%.
If you find better prices for delivery to the UK on another website, PNEUS ONLINE TRADING will match that price and offer an extra discount up to 3%. You must send your request by email to our customer service via the price match request contact form. In order to benefit from this price matching you must meet certain conditions:
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 any applicable legislation (i.e. prohibition to sell).
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".
Any product shipped to you remains property of PNEUS ONLINE TRADING until full payment is received.
The Product(s) will be at your risk from the time of delivery.
The shipping address communicated by you must be in the same country as the invoice address, which must be in the UK. 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 will not be taken back or refunded after mounting.
The delivery is free of charge except for the following case : Orders of only one car tyre and/or one motorbike tyre and/or one rim. The shipping cost in these cases is 6£ per product.
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.
Delivery time ranges from three (3) to five (5) business days and is given as an estimate only. Consequently, we have no liability in respect of later delivery which can in no way result in rebates or cancellation of current orders.
Delivery is done by a third party transport company under contract with PNEUS ONLINE TRADING. In case of absence, the delivery person is supposed to leave a delivery notice in your mailbox. You should then contact the PNEUS ONLINE TRADING service hotline by contact form or the transport company within 3 to 4 days after initial delivery attempt.
After this deadline, the items will be returned to the PNEUS ONLINE TRADING warehouses.
In that case, return fees of 19 GBP tax included, will be charged to you and deducted from any refund.
The terms and conditions for the return of the complete wheels are indicated in chapter 6.8 return of the products.
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.
In case of missing products at the time of delivery, you must note this in writing on the delivery receipt provided by the delivery person. You must then inform the service hotline of PNEUS ONLINE TRADING of your concerns by phone or contact form within fourteen days after delivery.
PNEUS ONLINE TRADING will then ship missing product as soon as practicable after the file is closed.
If nothing is indicated on the delivery receipt, PNEUS ONLINE TRADING will not take any complaint into consideration.
In case of damaged or non-matching products received, you have the right to refuse delivery and note this in writing on the delivery receipt provided by the delivery person. You have fourteen days to fully check merchandise and make claim to the service hotline of PNEUS ONLINE TRADING of his/her concerns by phone, contact form to the PNEUS ONLINE TRADING service hotline.
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.
It is mandatory that you check your tyres yourself before the fitting is done. In the event of an error in the tyres shipped, the tyres will not be taken back or refunded AFTER mounting.
The person who receives the wheels parcels must, before signing the bill of delivery, remove the products from their packaging and check by himself/herself the compliance of the product with the order and the lack of damage on the rims.
If any damage is noticed on a wheel, the wheel must be carefully repacked back in its original box and must be refused and given back to the delivery person.
Wheels must be returned in their original package.
Every damage noticed by the customer on the complete wheels on delivery, should be notified by the customer on the delivery receipt. Otherwise, PNEUS ONLINE TRADING will not take into consideration any complaint. In that case, the complete wheels will not be returned or refunded.
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 phone, fax or email.
A claim will then be filed with the transport company in order to find the reason for lateness.
Different case scenarios :
Arrangements for pick-up and return of the products by the shipping company will be made by PNEUS ONLINE TRADING only. The client cannot ship products back himself.
Once fitted or damaged, the rims will not be returned or refunded. Wheels must be returned in their original package, with no valve and no a lead weight.
The complete wheel being a tailor made product and according to law, the return is not accepted by PNEUS ONLINE and the order cannot be refunded.
Your request will be examined only in the case of a mistake from the technical department concerning a product that does not match the vehicle indicated in the order. In that case, the client should inform the hotline department of PNEUS ONLINE TRADING via the contact form.
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.
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.
You may cancel a Contract at any time within fourteen (14) business days, beginning on the day after the Products are received. PNEUS ONLINE TRADING will exchange or reimburse any product returned within this time in accordance with the refunds policy minus the return fees cost.
The cancellation should be made by contact form, fax or email to the hotline service of PNEUS ONLINE TRADING.
As well as informing us in writing, you must also make the tyres available for collection. Arrangements for the collection and return of the tyres by the shipping company must be made by PNEUS ONLINE TRADING only unless otherwise specified. 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.
If you purchase rims you also have fourteen (14) working days (beginning the day after receipt) to cancel the Contract. Rims must be returned in their original package.
You have a legal obligation to take care of the products whilst they are in your possession. If you fail to do so, we have a right of legal action against you for compensation.
Return fees (19 GBP, tax included, per tyre or rim or snow chain) are to be paid by you, therefore they will be deducted from the total refunded by PNEUS ONLINE TRADING. Products will be refunded or exchanged only if they are in their original condition and once fitted or damaged Products shall not be refunded or exchanged unless they are defective.
If you return a Product to us:
The refund of orders paid by debit/credit card will be made on the used debit/credit card and of those 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.
The products sold by PNEUS ONLINE TRADING offer the benefits of a manufacturer's guarantee.
PNEUS ONLINE TRADING is committed to exchanging (new shipment) any products which were defective at the time of delivery. Please notify us, via the PNEUS ONLINE TRADING hotline of any defects present at the time of delivery within fourteen (14) business days starting from the delivery date by contact form, fax or email to PNEUS ONLINE TRADING, and submit a dated and signed agreement from the tyre professional who noticed the defect.
If the tyre has not been mounted, PNEUS ONLINE TRADING will organise the pick-up and ship a new tyre.
If the tyre has been mounted, PNEUS ONLINE TRADING will then pick-up the defective tyre and will ship it to the manufacturer's expert. Expert determination 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.
Important! Please note that deformation caused by poor storage, where the customer/garage has had the tyres in its possession for over fourteen (14) business days, will not be considered a defect and 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 of a manufacturing defect, you must inform PNEUS ONLINE TRADING via contact form or fax.
PNEUS ONLINE TRADING will transmit to you 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. Rims must be returned in their original package.
Nothing in this clause 8 shall affect your statutory rights.
The customer has fourteen days from the delivery date to check that the products delivered match with the order and inform PNEUS ONLINE TRADING hotline service about any manufacturer's defect noticed before fitting. When the defect is noticed after fitting, the client must inform the PNEUS ONLINE TRADING hotline by contact form, fax or letter 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.
Nothing in this clause 8 shall affect your statutory rights.
The fault must be advised using the contact form, fax, or a recorded delivery letter addressed 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.
Subject to clause 8 and 9.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products
Nothing in this agreement excludes or limits our liability for:
Information communicated by you is destined for the sole use of PNEUS ONLINE TRADING which will have to transmit all or part of the information to its business partners with the aim of order processing, order shipping or providing service to its customers.
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, you have the right to request access or to modify your personal nominal data at any time.
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 SUISSE 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 SUISSE 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.
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 centres of PNEUS ONLINE TRADING.
PNEUS ONLINE SUISSE 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 SUISSE.
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.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to PNEUS ONLINE TRADING by e-mail or via the contact form on our website. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11.1 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
These terms and conditions are governed by English law. In the event of a dispute, the customer 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 customer will be subject to the non-exclusive jurisdiction of the courts of England and Wales.