- Current version as of October 18, 2023 -
AD TYRES INTERNATIONAL SLU, an Andorran company of the form societat limitada unipersonal with a capital of 1,000,000 euros, registered in the Andorra Trade and Companies Register under number 16339, with an 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)grip500.com, phone: +376 810 888, (hereinafter referred to as the "Seller") is primarily engaged in the sale of tires and related products through the website grip500.co.uk (hereinafter the "Site").
The Site is published by the company GRIP500 SLU, an Andorran company of the form societat limitada unipersonal with a capital of 3,000 euros, registered in the Andorra Trade and Companies Register under number 17485, whose registered office is located at C. Prat de la Creu, 59-65, AD500 ANDORRA LA VELLA (Principality of Andorra), which company makes its Site available exclusively to the Seller for the marketing of its products.
These general terms and conditions of sale are intended to govern, without restriction, all sales of products and services to any customer, whether an individual or legal entity, whether a consumer, non-professional or professional (hereinafter referred to as the "Customer"), who has made a purchase on the Site and to define the contractual relations between the Seller and the Customer.
All common nouns with the first letter capitalized in this document have the definition assigned in this article.
- Acknowledgment of Receipt refers to the response email sent by the Seller to the Customer following the validation of the Order by the Customer and containing the summary of the Order, the 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 for validation by the latter on the Site to finalize the Order.
- Delivery Note refers to the document given to the Customer by the Carrier upon delivery of the Order, against the Customer's signature attesting to the delivery of the Order as well as the perfect condition of the Product(s) concerned and the absence of anomalies.
- General Terms and Conditions of Sale refers to these general terms and conditions of sale of the Seller to which the Customer must adhere to place an Order.
- Customer refers to any individual or company acting as a Consumer, Non-Professional, or Professional accessing the Site with the intention of placing an Order.
- Order refers to the Product(s) ordered by the Customer for each purchasing circumstance on the Site.
- Consumer refers to a Customer, an individual, who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal, or agricultural activity.
- Contract refers to all the 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 Period refers to the maximum period referred to in Article 8.2 within 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 whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor.
- 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 entity, that does not act for professional purposes (see the definition of Professional below).
- Product Offer refers to the offer published under the responsibility of the Seller on one of its media, including 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 individually and, in the plural, to the Customer and the Seller 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 tire products or associated products (rims, chains, etc.) offered for sale by the Seller on the Site.
- Professional refers to a Customer, an individual or legal entity, public or private, who acts for purposes within the scope of his or her commercial, industrial, craft, liberal, or agricultural activity, including when acting in the name of or on behalf of another professional.
- Site refers to the Seller's website accessible at the URL grip500.co.uk.
- Mounting Station(s) refers to the garages listed on the Site (https://www.grip500.fr/montage) 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 shipment 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 transaction concluded between the Seller and the Customer by which the former undertakes to deliver the Order and the latter to pay the Price.
2. OBJECT AND ACCEPTANCE
The General Terms and Conditions of Sale 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 General Terms and Conditions of Sale prevail and replace all other possible agreements, commitments, declarations, promises, intentions, documentations, or information previously made between the Parties concerning 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 General Terms and Conditions of Sale concurrently in force on the Website, which acceptance is manifested by clicking the box 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 General Terms and Conditions of Sale 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 constitutes 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.grip500.fr/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 Website. These elements constitute contractual information that binds the Seller in the event of the conclusion of the Contract with the Customer and subject to the 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 AVAILABILITY OF PRODUCTS
The indication of the availability of a Product in the corresponding Product Offer by the mention "IN STOCK" is purely indicative given the daily transaction flows and volumes.
In case of stockout, the Seller will inform the Customer and fully refund the latter by the same means used during the Order within seventy-two (72) hours from their information on the unavailability of the Product. In case of partial unavailability of the Order, the Customer 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, upkeep, and updates 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 assess 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 in no way guarantees the relevance, accuracy, nor completeness of this data, which is provided purely for indicative 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 having selected the required quantity.
This operation only has the effect of including the selected Product in the Client's cart and does not create any obligation to purchase 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 CUSTOMER ACCOUNT
To finalize their Order, the Customer 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, their phone number, and their 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, the company name, a phone number, and the address.
The Customer is invited to complete all useful information in their personal account knowing that fields with an asterisk (*) are mandatory.
All personal information of Customers is collected and processed for the purposes and under the conditions specified in Article 14 below and in the Privacy Charter.
The Customer 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 Customer.
The username and password are strictly personal and confidential: the Customer 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 Customer and will therefore 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 Customer's responsibility to immediately inform the Seller in writing of any use of their username and password without their knowledge and of which they would be aware.
The Customer can correct, at any time, the errors of entry of the requested information. The Seller cannot be held responsible for any typing errors and the consequences that may result, such as a delay and/or an error in delivery. In this context, all costs incurred for the reshipment of the Order will be entirely at the Customer's expense.
The personal account allows the Customer to access the following information:
- Your Orders – Customer Service: the list of Orders placed on the Site;
- Modify your information: the personal information declared by the Customer with the possibility of modifying it at any time.
The Seller reserves the right to deactivate, without delay or compensation, the account of any Customer in case of violation of these general conditions and fraudulent or illicit use of the account by the Customer or any third party.
The Customer can deactivate their account by informing the Seller of their decision by email at the address https://www.grip500.fr/contact. The Seller will deactivate the account within a maximum period of seventy-two (72) hours from the receipt of this email.
4.4 VALIDATION OF THE ORDER
After validating their basket, creating their account, entering the delivery address, selecting their payment method, the Customer is invited to definitively validate their order by making their payment through the "Proceed to Secure Payment" function. The effectiveness of this operation is subject to the prior acceptance of these general terms and conditions of sale (cf. supra).
The definitive validation of the Order has the effect of committing the Customer to the subscription of the obligation to pay the Price to the benefit of the Seller.
After receiving the payment from the Seller, the Customer receives an email from the Seller summarizing their Order.
4.5 CANCELLATION OF THE ORDER (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, i.e., resolve the Sale in the following cases:
Convenience:after the definitive validation of their Order, the Customer has the possibility to request its cancellation at their free 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;
Retraction:in case of exercising the right of withdrawal under the conditions of Article 9;
Lack of conformity:in cases of lack of conformity 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 definitive impediment of the Seller to perform its 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, i.e., resolve the Sale in the following cases:
Delay or default of payment:in case of the Customer's failure to fulfill their payment obligation under the conditions of Article 6;
Unavailability of Products:in the case of unavailability of the Product(s) in stock;
Customer's failure to receive the Products at the declared address:in the case of the Customer's failure to receive the Products at the declared address under the terms and conditions of Article 8.5;
Force Majeure:in case of definitive impediment of the Customer to perform their obligations due to Force Majeure in application of Article 13.
4.5.3 Prior Notice of Default
The termination of the Sale must be preceded, except in urgent cases, by a formal notice to the defaulting Party to fulfill its commitment within a reasonable period, with the exception of 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
- Client's failure to receive the Products at the declared address (Article 4.5.2(iii)).
This formal notice shall refer to this Article 4.5 and expressly mention the reason for termination and that, should the defaulting Party fail to fulfill its obligation, the other Party will be entitled to terminate the Sale.
The Client is invited to consult any additional terms of formal notice stipulated in these General Terms and Conditions of Sale, which are agreed upon for each of the cases of Order cancellation mentioned above.
4.5.4 Formalities of Termination
The Party wishing to terminate the Sale may do so:
- by notification citing the case of termination invoked;
- by legal action.
In the case of exercising the right of withdrawal, the aforementioned notification is made using the withdrawal form or any other unequivocal statement under the conditions of Article 9.
In the case of cancellation for convenience, the notification is made by the Client via their account by selecting the concerned Order and opening a claim through support via ticket.
4.5.5 Timing of Termination
The termination of the Sale will take effect from:
- the receipt by the other Party of the aforementioned notification (except where the Company has performed in the meantime in the case of Article 4.5.1(ii));
- the date decided by the judge in the event of judicial termination.
4.5.6 Effects of Termination
Any restitutions shall take place under the following conditions:
- in case of termination for convenience(Article 4.5.1(i)): refund of the Order within a maximum of ten (10) business days from the Seller's confirmation email, by the same means of payment used by the Client at the time of the Order;
- in case of termination 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 termination following a withdrawal(Article 4.5.1(iii)): refund of the Order under the conditions of Article 9;
- in case of termination for lack of conformity(Article 4.5.1(iv)): refund of the Order under the conditions of Article 10.2.9;
- in case of termination for unavailability in stock(Article 4.5.2(ii)): refund of the Order within a maximum of three (3) business days from the Seller's resolution email, by the same means of payment used by the Client at the time of the Order; and
- in case of Client's failure to receive the Products at the declared address(Article 4.5.2(iii)): refund of the Order within a maximum of three (3) business days from the Seller's resolution email, by the same means of payment used by the Client at the time of the Order and after deduction of the return costs and any attempted redelivery fees referred to in Article 8.5.
The termination 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 and is understood to include all taxes. The reference currency is: the pound sterling (GBP)
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 where 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 modify its prices at any time. The Customer is advised that the prices of the Product Offers may vary several times per day. The prices applied to an Order are those displayed on the Site concurrently with the final validation of the Order as per Article 4.4.
As part of certain Product Offers, the Seller provides the Customer with a price comparison tool with those of certain competitors. To know the date on which the competitor's price was recorded by the Seller, the Customer is invited to hover their mouse over the concerned price to display a text bubble indicating the date and time of the competitor's price collection 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 (unless there is an offer for free shipping under conditions).
6. FINANCIAL CONDITIONS
Payment is due immediately upon ordering, which will be processed by the Seller only upon receipt of the Customer's full payment.
In the absence of receipt of payment of the Price within three (3) days following the validation of the Order, the Customer receives a notification from the Seller putting them on notice to settle the Price within an additional period of four (4) days. Failing this, the Seller may cancel the Order and thus resolve the Sale.
The Customer can pay for their order by the following means of payment:
- credit card;
- Paypal, ING, Bancontact, Sofort, Belfius;
- SEPA transfer (with the possibility of automatic debits for Professionals).
The Customer assumes the consequences of any input error during the payment procedure and any anomaly or malfunction of the payment means.
The Seller may require any Professional Customer to pay late payment penalties payable 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 concerned year is the rate in force on January 1st of that year. For the second half of the concerned year, it is the rate in force on July 1st of that year. Late payment penalties are payable without a reminder being necessary.
Furthermore, any Professional Customer in a situation of late payment will automatically owe the Seller a fixed compensation for recovery costs amounting to forty euros (€40.00). When the recovery costs incurred are higher than the amount of this fixed compensation, the Seller may request additional compensation, upon justification. However, the Seller cannot 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 it.
In the event of a failed direct debit, for any Professional Customer, the customer agrees to automatically regularize unpaid invoices on their company's credit card.
After each payment, regardless of the means, the Customer receives a confirmation email.
6.1 PAYMENT BY CREDIT CARD
The Seller only accepts payment by Visa, Mastercard, or Maestro credit cards.
The secure online payment by credit card is carried out by a payment service 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 electronic payment (3D secure protocol).
This means that the information related to the order and the credit card number do not circulate in clear text 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 the card numbers. HIPAY/BRAINTREE/CHECKOUT does not keep the card numbers after transmitting the payment transaction to the merchant's bank. Thus, no person has access either computationally or in print to the credit card details of the buyers. The risk of having one's credit card number hacked when making a purchase on the Seller's websites equipped with HIPAY/BRAINTREE/CHECKOUT is virtually nil.
Professionals can also use the GoCardless (gocardless.com) direct debit system 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 given by card is irrevocable. By communicating their banking information during the Sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the Order is likely to be canceled under the aforementioned conditions.
The activities related to the distance selling contract are held by AD TYRES INTERNATIONAL EU located 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 resorts to 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 access the Customer's banking details at any time.
6.3 PAYMENT BY BANK TRANSFER
The Customer can make their payment by SEPA transfer to the Seller's account whose details are as follows:
Account holder: AD Tyres International SLU
IBAN: GB32 TRWI 2314 7070 9685 11
BIC (SWIFT-CODE): TRWIGB2L
For this transfer to be taken into account by the Seller, it is essential that the Customer indicates their Order number in the transfer reference or in the field provided for this purpose. The order number is reminded to the Customer on the dedicated SEPA transfer page.
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 fees applied by the issuing bank cannot be deducted from the payment to be received.
6.4 PAYMENT BY CREDIT CARD IN 3 INSTALLMENTS
The option to pay in 3 installments is available according to the conditions below (complete wheels are excluded).
|Total of your order
|0.00 £ - 175.00 £
Foreign cards, withdrawal-only cards, systematically authorized cards (Electron, Maestro, Cirrus...) and e-cards are not accepted.
The payment of your installments is made by credit card or by direct debit.
The 3 installments 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 payment 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. PROPERTY AND TRANSFER OF RISKS
The Products become the property of the Client upon the validation of the Order. Consequently, the Client is solely responsible for the import and introduction of the Products into the destination country he has chosen for shipment. The Client is advised to consult any obligations incumbent upon them due to the import of the Products into said destination country.
All risk of loss or damage to the Products is transferred to the Professional Client as of the transfer of ownership.
All risk of loss or damage to the Products is transferred to the Consumer Client at the moment when he or a third party designated by him, other than the carrier proposed by the Seller, takes physical 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 goods is transferred to the Consumer or the Non-Professional upon the handing over of the goods to the carrier.
The delivery of the Order is carried out at the choice of the Client, expressed during the Order, by the delivery of the Order to an address provided by the Client or to the address of one of the Mounting Stations listed on the Site and which the Client may have designated.
8.1 DELIVERY CHARGES
Regarding auto parts and all other items, shipping costs are indicated in the cart.
Regarding tires, delivery is free of charge to the Client for any purchase of two (2) identical products. In the case of single purchases (car tires, rims), the delivery costs are borne by the Client, 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 Client acknowledges and accepts without reservation that no other deadline mentioned on the Site constitutes a firm commitment of the Seller towards the Client.
The Client is informed for information purposes only that delivery usually takes place between two (2) and eight (8) working days from the receipt of the full payment of the Price of the Order. In the case of selecting 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 Client.
Outside the case of delivery to a Mounting Station, the aforementioned Delivery Time is interrupted in the following cases:
- payment delay;
- address error declared by the Client;
- absence of the Client 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 Client and the Seller (or the carrier if applicable) will agree on a new delivery date for which the Client commits to being present or having his representative present.
In the event of the Seller's failure to fulfill its obligation to deliver the Order within the Delivery Time, the Consumer or the Non-Professional may resolve the Sale if, after having given formal notice to the Seller to perform the delivery of the Order within an additional reasonable period, the latter has not complied within this period.
The Sale is considered resolved upon receipt by the Seller of the letter or writing informing them of this resolution, unless the Seller has performed in the meantime.
The Consumer or the Non-Professional may, however, immediately resolve the Sale:
- when the Seller refuses to deliver the Order or when it is clear that he will not deliver the Order;
- when the Seller does not fulfill its obligation to deliver the Order on the date or upon the expiration of the Delivery Time and this period is essential for the Consumer or the Non-Professional as a condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the Consumer or the Non-Professional before the conclusion of the contract.
In addition to the possibility of resolving the Sale, the Consumer or the Non-Professional may make use of any other remedy provided by their national law.
The Consumer and the Non-Professional are also invited to consult Article 4.5 regarding the resolution.
These rights of the Consumer or the Non-Professional are without prejudice to the allocation of damages and interest.
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, their agent or their representative must check the conformity of the condition of the Products upon delivery, whether it takes place at their home or at a Mounting Station. The Customer is personally responsible for informing and giving instructions to their agents or representatives for the verification of the conformity of the Products.
The Customer, their agent or their representative must notify the Carrier of all reservations about the Products at the time of delivery. These reservations must be explicitly and precisely mentioned on the Delivery Note.
If the Products subject to the Order are not compliant or if the received package is in poor condition, the Customer may refuse the Delivery. They must then inform the Seller without delay by contacting customer service through the ticket system.
In case of non-conformity, the stipulations of Article 10.3 below are applicable.
In case of a damaged package that is refused, a dispute will be opened with the Carrier of the Products subject to the Order. A dated and signed damaged package attestation will be requested from the Customer to open the dispute. In the case where the Delivery took place at a Mounting Station, the Customer will have to get the attestation signed by the Mounting 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 their experience and are in no way binding.
The application of these stipulations is without prejudice to all other remedies available to the Customer under applicable legislation.
8.4 DELIVERY NOTE
The Carrier provides the Customer or the Mounting Station, as the case may be, with a Delivery Note against signature, which explicitly indicates the possibility of making reservations, particularly in the case of apparent defects of the Product(s) or failure to provide the instruction manual.
The Customer acknowledges and accepts that their signature, or that of their agent or representative, on such a Delivery Note constitutes irrefutable proof of the Delivery Date of the entirety of the Order or, in the case of separate delivery of Products from the same Order, of the Products concerned by that 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 during the Order. In this regard, the Customer undertakes to provide the Seller with an existing, complete, and accurate delivery address of a location where the delivery of the Order is feasible and authorized.
The Customer guarantees to the Seller their presence at the location, or that of an agent or a duly authorized representative, to receive the Order. Otherwise, the Seller cannot be held responsible for any delivery delay.
If the Customer is absent during the delivery, they must contact the Carrier in charge of their package to agree on a new delivery date or a pickup at the nearest depot.
The second delivery attempt will be subject to a charge of three (3) GBP for re-delivery fees in favor of the Seller.
If the Customer fails to contact the Carrier within the time frame set by the latter, the packages will be returned to the Seller's warehouses, which 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 borne exclusively by the Customer.
The return costs as well as any possible re-delivery fees will be deducted from the refund of the Order.
8.6 SPECIFIC STIPULATIONS ON DELIVERY TO A MOUNTING STATION
The Seller offers the possibility for the Customer's Order to be delivered to a Mounting Station to facilitate any additional service that the Customer might request from the Mounting Station of their choice.
In the case of Delivery to a Mounting Station, the Customer undertakes to collect the Order within thirty (30) calendar days from the notification of availability of the Order by the Mounting Station. The Seller excludes any warranty as to the preservation of the Order by the Mounting Station beyond this period.
Upon receipt of the Order at the Mounting Station, the Customer may request a mounting service. This service is the sole responsibility of the Mounting Station and the Customer acknowledges and accepts that the Seller is completely unrelated to this service contract for mounting.
Therefore, when the Customer decides to have their Products mounted at a Mounting Station, the Seller cannot be held responsible for the services of reception, storage, disassembly, assembly, and balancing carried out under the full and exclusive responsibility of the Mounting Station. The mounting rates are set at the discretion of the Mounting 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 Mounting Stations. The Seller does not guarantee the effectiveness or accuracy of this information.
The Customer is invited to inquire in advance with the Mounting Station about rates and any other practical information.
8.7 DEPOSITED PRODUCTS
Some Products may be subject to a deposit. They are specifically mentioned as "Deposit part under standard exchange" in their technical sheet.
The price of deposited Products includes the amount of the part and a deposit, which is the amount requested by the manufacturer to ensure the return of 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 return 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 costs of reshipping are borne by 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 is in accordance with the above-mentioned prescriptions.
The refund is made using the same payment method that the Customer used 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 at a distance, following telephone solicitation or outside of establishment premises.
9.2 WITHDRAWAL PERIOD
The Holder of the Right of Withdrawal has a period of fourteen (14) days (hereinafter the "Withdrawal Period") to exercise their right of withdrawal without having to justify their decision, nor to bear any costs other than those mentioned in this article.
The Withdrawal Period starts 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 them. If the Contract is concluded outside of establishment premises, the Holder of the Right of Withdrawal may exercise their right of withdrawal from the conclusion of the Contract.
In the case of a Sale involving several Products delivered separately or in the case of a Sale of a Product composed of multiple lots or pieces with delivery spread over a defined period, the Withdrawal Period starts 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 during a defined period, the Withdrawal Period starts from the receipt of the first Product.
The day the Contract is concluded or the day of the receipt of the Product is not counted within the Withdrawal Period. The Withdrawal Period begins to run at the start 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, Sunday, or a public holiday or non-working day, it is extended until the next working day.
9.3 EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, the Holder of the Right of Withdrawal informs the Seller of their 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 terms and conditions) duly completed, or any other statement expressing their unequivocal intention to withdraw sent by email (https://www.grip500.fr/contact).
The burden of proof of exercising 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 hands over the Product(s) to the Seller or a person designated by the latter, without undue delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw, unless the Seller offers to collect the Product(s) themselves.
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) themselves by directly bearing the associated costs or request from the Seller, subject to the latter's acceptance, the handling of this return which will be invoiced to the Holder of the Right of Withdrawal at a flat rate of twenty-five (25) GBP per item.
The responsibility of the Holder of the Right of Withdrawal can only be engaged in case of depreciation of the Product(s) resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s).
When the right of withdrawal is exercised, the Seller reimburses the Holder of the Right of Withdrawal the total amount paid, including delivery costs, without undue delay and at the latest within fourteen (14) days from the date on which they are informed of the Holder of the Right of Withdrawal's decision to withdraw.
Notwithstanding the foregoing, when the Seller does not offer to collect the Product(s) themselves, the Seller may defer the refund until the Product(s) have been recovered or until the Holder of the Right of Withdrawal has provided proof of shipment of the Product(s), the date retained being that of the first of these events.
The Seller carries out this refund using the same means of payment as the one used by the Holder of the Right of Withdrawal for the initial transaction, unless the Holder of the Right of Withdrawal expressly agrees to a different means of payment and provided that the refund does not incur fees for the Holder of the Right of Withdrawal.
The Seller is not required to reimburse 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 Contract concluded outside of establishment premises, 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 principal distance Contract or a Contract concluded outside of establishment premises automatically terminates any ancillary contract, without any costs for the Holder of the Right of Withdrawal other than those provided for in this article.
The implementation of any warranty provided for in this Article must be requested by contacting the Seller at the following URL:
10.1 PRELIMINARY WARNING
The Customer must ensure that the Products they order comply with the manufacturer's specifications for their vehicle.
The Customer is also required to follow the manufacturer's prescriptions and recommendations concerning the safety and reliability of the vehicle, including the size of tires and rims, tire inflation and pressure, as well as the conditions for mounting and storing tires.
None of the warranties stipulated in this article take into account defects due to incorrect installation, nor to normal wear and tear of the Products, nor the consequences of non-compliant use of the Products, nor the deterioration of the Products due to negligence by the Customer or one of their agents.
No warranty is granted by the Seller with respect to any defect in the Products directly caused by the performance of a Mounting Station chosen by the Customer.
10.2 CONFORMITY WARRANTY
10.2.1 Conformity of Products
The Seller delivers to the Consumer Customer 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
To be in conformity with the Sales contract, the Products must in particular, where applicable:
- correspond to the description, type, quantity, and quality and have 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 made known to the Seller at the latest at the time of the conclusion of the Sales contract and which the Seller has accepted;
- be delivered with all accessories and all instructions, including installation instructions, as provided for in the Sales contract; and
- be provided with updates as provided for in the Sales contract.
10.2.3 Objective criteria of conformity
(i) In addition to meeting all the conformity requirements provided for in the contract, the Products must:
- be fit for the purposes for which goods of the same type would normally be used, taking into account, where 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;
- where applicable, have the quality of a sample or model which the seller has made available to the Consumer before the conclusion of the contract, and correspond to the description of that sample or model;
- where applicable, be delivered with accessories, including packaging and installation instructions or other instructions, which the Consumer can reasonably expect to receive; and
- be in quantity and have 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, given the nature of the Products and taking into account any public statement made by the Seller or other persons in the supply chain or on behalf of the Seller or such persons, including the producer, particularly in advertising 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 was not aware and could not reasonably have been aware of the public statement in question;
- that, at the time of the conclusion of the contract, the public statement had been corrected in the same manner as that in which the said statement had been made or in a comparable manner; or
- that the decision to purchase 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 criteria of conformity provided for in (i) and that the Consumer expressly and separately accepted this deviation when concluding the Sales contract.
10.2.4 Incorrect installation of Products
Any lack of conformity resulting from incorrect installation of the Products is deemed to be a lack of conformity of the Products if:
- the installation is part of the Sales contract and has been carried out by the Seller or under his responsibility; or
- the installation, which was to be carried out by the Consumer, has been 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 delivery of the Product and that appears within two (2) years from that time, without prejudice to a longer period provided for by the national legislation of the Consumer which the latter is invited to consult.
10.2.6 Burden of proof
Any lack of conformity that appears within one (1) year from the time the Products were delivered is presumed to have existed at the time of delivery of the Products, 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 for by the national legislation of the Consumer which the latter is invited to consult.
The national legislation of the Consumer 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 detected this defect. The Consumer is invited to consult his national legislation on this point.
10.2.8 Consumer's remedies for lack of conformity
(i) In the event of a lack of conformity, the Consumer is entitled to have the Products brought into conformity, to a proportional reduction in price, or to the resolution of the Sale, under the conditions set out in this article.
(ii) To obtain the conformity of the Products, the Consumer may choose between repair and replacement, unless the chosen remedy is impossible or would impose costs on the Seller that would be disproportionate, taking into account all the circumstances, including:
- the value that the Products would have had there been no lack of conformity;
- the significance of the lack of conformity; and
- the possibility of opting for the other remedy without major inconvenience to the Consumer.
(iii) The Seller may refuse to bring the Products into conformity if repair and replacement prove impossible or if this would impose disproportionate costs on him, taking into account all the circumstances, including those mentioned in (ii), points a) and b).
(iv) The Consumer is entitled either to a proportional reduction in price in accordance with Article 10.2.10, or to the resolution of the Sales 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 conformity in accordance with (iii) of this article;
- a lack of conformity appears despite the Seller's attempt to bring the Products into conformity;
- the lack of conformity is so serious that it justifies an immediate reduction in price or the immediate resolution of the Sales contract; or
- the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the Products into conformity within a reasonable time or without major inconvenience to the Consumer.
(v) The Consumer does not have the right to resolve the contract if the lack of conformity is only minor. The burden of proof as to whether the lack of conformity is minor or not lies with the Seller.
(vi) The Consumer has the right to suspend payment of the balance of the price or part of it until the Seller has fulfilled his obligations under the warranty. Specific conditions for exercising the right to suspend payment may be provided for by the national legislation of the Consumer which the latter is invited to consult.
(vii) The national legislation of the Consumer may regulate the issue of whether, and to what extent, the Consumer's contribution to the lack of conformity 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 was informed by the Consumer of the lack of conformity; 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 lack of conformity 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 Products that had been installed in accordance with their nature and purpose before the lack of conformity appeared, or when these Products need to be replaced, the obligation to repair or replace the Products includes the removal of non-conforming Products and the installation of replacement Products or repaired Products, or the coverage of the costs of removal and installation.
(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 Reduction of price
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 had if they had been conforming.
10.2.11 Resolution of the Sale
(i) The Consumer exercises his right to resolve the Sale by sending the seller a statement indicating his decision to exercise his right to resolve the Sales contract.
(ii) Where the lack of conformity only concerns some of the Products delivered under the Sales contract and there is a reason for resolving the Sales contract under Article 10.2.7, the Consumer may only exercise his right to resolve the Sales contract with respect to those Products, and with respect to any other Product he has acquired at the same time as the non-conforming Products if it cannot reasonably be expected of the Consumer to keep only the conforming Products.
(iii) When the Consumer exercises his right to resolve the Sales contract in its entirety or, in accordance with (ii), with respect to some of the Products delivered under the Sales 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 national legislation of the Consumer 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 OF HIDDEN DEFECTS
Without prejudice to the legal warranty of conformity referred to in Article 10.2, the Consumer Client may benefit from national rules that do not specifically govern consumer contracts and provide specific remedies for certain types of defects that were not apparent at the time of the 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 their national legislation on this point.
The Professional or Non-Professional Client benefits from any warranties provided by Andorran law.
10.4 COMMERCIAL WARRANTY
The Seller offers the Client the option to associate with their Order, under certain conditions, a commercial warranty called "Tire Plus Warranty" through the commercial warranty contract which is accessiblehere.
This commercial warranty applies without prejudice to the Consumer's right to benefit from the legal warranty of conformity referred to in Article 10.2 or from national provisions relating to the warranty of hidden defects referred to in Article 10.3.
In the event that the Professional or Non-Professional subscribes to the commercial warranty, it applies without prejudice to the right of the Professional or Non-Professional to benefit from any warranties provided under Andorran law.
11. LIMITATION OF LIABILITY
Unless the non-performance of a Party is definitive, damages are only due if the debtor Party has previously been given formal notice to perform within a reasonable period. The debtor Party is condemned, if applicable, to the payment of damages either due to the non-performance of the obligation or due to the delay in performance, if it cannot prove 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 conclusion of the Contract, except when the non-performance is due to gross negligence or willful misconduct. Even in the case where the non-performance of the Contract results from gross negligence or willful misconduct, the damages only include what is an immediate and direct consequence of the non-performance.
The Seller is insured for its professional liability arising from its activity and resulting from bodily injury, material and immaterial damage caused to third parties before or after the delivery of a product or the completion of a 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 except for (i) activities carried out by establishments or permanent installations located outside of France, Andorra, and Monaco; (ii) exports to the United States of America and Canada; (iii) services or work performed by the insured or on its 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 performance of the obligation is suspended unless the resulting delay justifies the termination of the Contract.
The impossibility of performing a contractual obligation by a Party releases that Party to the extent that it results from a case of Force Majeure and is definitive, unless it has agreed to take it on or has been previously given formal notice.
14. PERSONAL DATA
The personal data collected by the Seller about the Client in the context of the Sale is subject to automated processing for which the Seller alone defines the means and purpose and is, as such, responsible for this processing within the meaning of article 3.4 of the Andorran law 15/2003 of December 18, 2003, called the personal data protection law (hereinafter "LQPD").
15. CONTRACTUAL DOCUMENTS
The Contract is made up of the following contractual documents:
- these General Terms and Conditions of Sale;
- the Order Form;
- the Delivery Note;
- the Sales Invoice.
In the event of a contradiction or discrepancy between the stipulations of two of the documents, the stipulation of the higher-ranking document shall prevail (e.g., Sales Invoice prevails over Delivery Note; Delivery Note prevails over Order Form; Order Form prevails over General Terms and Conditions of Sale).
Any notation made by the Client, their agent or representative, on the Delivery Note other than their signature will not be considered contractual unless accepted by the Seller.
All of the aforementioned contractual documents represent the entirety of the commitments existing between the Parties. These contractual documents replace and cancel any prior oral or written commitment relating to the Sale.
The Parties have agreed to bear the risk of any unforeseeable change in circumstances that would render the performance of each Party's obligations under the Contract excessively burdensome.
The headings used in the General Terms and Conditions of Sale are provided for convenience only and shall not contribute to affecting the meaning or the structure of the stipulations of the General Terms and Conditions of Sale.
In case of difficulty in interpreting any of the headings at the top of the clauses, and any of the clauses, the headings will be declared non-existent.
If one or more stipulations of the General Terms and Conditions of Sale were to be declared null, unwritten, or unenforceable pursuant to a law, a regulation, or following a final decision of a competent jurisdiction, such stipulation(s) shall be considered as severable from the General Terms and Conditions of Sale. The other stipulations of the General Terms and Conditions of Sale will be considered valid and will remain in force, unless one of the Parties demonstrates that the annulled stipulation(s) had 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 shall not be interpreted as a waiver of the performance of the obligation in question in the absence of limitation.
19. MODERATION CHARTER
The Seller's online review moderation charter is accessible here.
In case of a complaint, the Client is invited to contact the Seller via the form accessible here.
As part of any complaint, the Client is invited to indicate their Order number.
The Seller will make every effort to respond to any complaint as soon as possible.
The possibility for the Client to make a complaint is without prejudice to their right to refer the matter to the consumer mediator under the conditions of Article 21 or any competent jurisdiction.
In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, you are informed of the possibility of using the Online Dispute Resolution (ODR) platform 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 data related to the Order is processed electronically by the Maltese establishment of the Seller, Maltese law will apply in terms of processing of personal data.
Regarding any other matter not covered by the two provisions above, Andorran law will be applied subsidiarily.