General terms and conditions of sale

- 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 IE3431670HH, whose registered office is located at C. Prat de la Creu, 59-65, AD500 ANDORRA LA VELLA (Principality of Andorra), email: cm(a)maxityre.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 maxityre.ie (hereinafter the "Site").

The present 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 the "Client"), who has made a purchase on the Site and to define the contractual relations between the Seller and the Client.

1. DEFINITIONS

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 Client following the validation of the Order by the Client 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 Client and submitted for validation by the latter on the Site to finalize the Order.
  • Delivery Note refers to the document given to the Client by the Carrier upon delivery of the Order, against the Client'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 Client must adhere to place an Order.
  • Client 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 Client for each purchasing circumstance on the Site.
  • Consumer refers to a Client, a natural person, 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 Client indicated on the Delivery Note.
  • Delivery Period refers to the maximum period referred to in Article 8.2 within which the Seller commits to deliver the Order to the Client.
  • Withdrawal Period refers to the period referred to in Article 9.
  • Invoice refers to the invoice sent to the Client 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 debtor from performing his obligation.
  • Supplier refers to a third party to the Contract in possession of the Product(s) of the Client's Order.
  • Delivery refers to the transfer to the Client of the physical possession or control of the Product(s).
  • Non-Professional refers to a Client, a legal entity, which 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 the price of the Product.
  • Party(ies) refers, in the singular, to the Client or the Seller individually and, in the plural, to the Client and the Seller collectively.
  • Price refers to the total price referred to in Article 5 that the Client commits 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 Client, a natural or legal person, 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 maxityre.ie.
  • 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 Client.
  • Seller refers to the person referred to in the Preamble.
  • Sale refers to the legal operation concluded between the Seller and the Client 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 exchanged 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 evidenced by clicking the box located to the left of the mention « I have read and accept the T&Cs as well as the Privacy Policy. ». 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.maxityre.ie/contact).

The Customer is informed that the conclusion of the Contract entails the obligation to pay the Price to the benefit of the Seller.

3. PRODUCTS

3.1 PRODUCT FEATURES

The essential characteristics and the price of the Products are indicated in each Product Offer published on the Site. These elements constitute contractual information that binds the Seller in the event of the conclusion of the Contract with the Client 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.

4. ORDER

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 PRODUCT(S)

The Client acknowledges and agrees that the search and selection of 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 review the entirety of the Product Offers proposed by the Seller on its Website and to conduct the necessary research on the selected model and on the competition to evaluate the relevance, interest, and suitability of the Product Offer to their needs.

The Seller provides for informational purposes:

  • TECDOC data on the link between vehicle and parts;
  • BMF data on the link between vehicle, tires, and rims;
  • manufacturer data on the link between vehicles and chains;
  • data on compatibility between vehicles and products.

The Seller in no way guarantees the relevance, accuracy, or 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 to assess whether the visualized Product is likely to meet their needs.

The selection of a Product is executed by clicking on the "Add to cart" function after selecting the required quantity.

This operation only has the effect of including the selected Product in the Client's cart and does not create any 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 CLIENT ACCOUNT

To finalize their Order, the Client must create their personal account (if this has not already been done during a previous Order). To this end, the Consumer and the Non-Professional must provide a valid email address and set up a password as well as declare their identity, phone number, and address. The Professional creates a "professional account" by providing a valid email address and setting up a password as well as declaring their first name, last name, company name, a phone number, and the address.

The Client is invited to complete all useful information in their personal account knowing that fields marked with an asterisk (*) are mandatory.

All personal information of Clients is collected and processed for the purposes and under the conditions specified in Article 14 below and in the Privacy Charter.

The Client undertakes to provide true and sincere information and to inform the Seller of any changes concerning them. A summary of the information provided is accessible on the Website. Failure to provide the requested information is equivalent to renouncing the creation of an account and prevents the Client from validating the Order.

The username and password are strictly personal and confidential: the Client is prohibited from disclosing them to a third party or transferring them. Any Order placed using this username and password will be deemed to have been made by the Client and will consequently bind the latter to the Seller unless this Order was placed by a third party due to a security breach of the Seller's website. It is the Client's responsibility to immediately inform the Seller in writing of any use of their username and password made without their knowledge and of which they would be aware.

The Client can correct, at any time, errors in the 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 Client's expense.

The personal account allows the Client to access the following information:

  • Your Orders – Customer Service: the list of Orders placed on the Website;
  • Edit your information: the personal information declared by the Client with the possibility to modify it at any time.

The Seller reserves the right to deactivate, without delay or compensation, the account of any Client in case of violation of these general conditions and fraudulent or illicit use of the account by the Client or any third party.

The Client can deactivate their account by informing the Seller of their decision by email at the address https://www.maxityre.ie/contact. The Seller will deactivate the account within a maximum period of seventy-two (72) hours from the receipt of this email.

4.4 ORDER VALIDATION

After validating their cart, creating an 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 obligation of paying 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 ORDER CANCELLATION (RESOLUTORY CLAUSE)

This Article constitutes a resolutory clause that specifies the commitments whose non-performance will result in the resolution of the Sale.

4.5.1 Cancellation of the Order by the Client
  1. Convenience (before delivery):
    At any time before the delivery of their Order, the Customer may request the cancellation of the Order at their own convenience, provided that any Order cancelled during transit will be subject to a return fee charged to the Customer amounting to an estimated sum of thirty (30) euros per package;
  2. 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;
  3. Withdrawal:
    in case of exercising the right of withdrawal under the conditions of Article 9;
  4. Lack of conformity:
    in cases of lack of conformity referred to in Article 10.2;
  5. Hidden defects:
    in case of hidden defects as defined in Article 10.2; and
  6. 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, that is to say, resolve the Sale in the following cases:

  1. Delay or failure of payment:
    in the event of the Client's failure to fulfill their payment obligation under the conditions of Article 6;
  2. Unavailability of Products:
    in the case of unavailability of the Product(s) in stock;
  3. Client's failure to receive the Products at the declared address:
    in the case of the Client's failure to receive the Products at the declared address as defined and under the conditions of Article 8.5;
  4. Force Majeure:
    in the event of the Client's definitive impediment to perform their obligations due to Force Majeure in application of Article 13.
4.5.3 Prior Formal Notice

The resolution of the Sale must be preceded, except in 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 the 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 refers to the present Article 4.5 and expressly mentions the reason for resolution and that if the defaulting Party fails to fulfill its obligation, the other Party will be entitled to resolve the Sale.

The Client is invited to consult any additional terms of formal notice stipulated in these General Terms and Conditions of Sale and which are agreed upon for each of the cases of Order cancellation mentioned above.

4.5.4 Formalities for 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 in the case where the Company has performed in the meantime as per Article 4.5.1(ii));
  • the date decided by the judge in the event of judicial termination.
4.5.6 Effects of the Resolution

The possible restitutions take place under the following conditions:

  • in case of resolution 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, using the same payment method as the one used by the Client for the Order;
  • in case of resolution for delay or refusal of delivery (Article 4.5.1(ii)): refund of the Order under the conditions of Article 8.2;
  • in case of resolution following a withdrawal (Article 4.5.1(iii)): refund of the Order under the conditions of Article 9;
  • in case of resolution for lack of conformity (Article 4.5.1(iv)): the Seller refunds the Consumer or Non-Professional Client the price paid and the return costs of the Product(s) upon receipt of the Product(s) or proof of their return by the Client and at the latest within fourteen (14) days following. The refund is made using the same payment method as the one used by the Consumer or Non-Professional Client when concluding the Order, unless expressly agreed by the latter and in any case without additional cost;
  • in case of resolution 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, using the same payment method as the one used by the Client for the Order; and
  • in case of the 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, using the same payment method as the one used by the Client for the Order and after deduction of the return costs and any attempted redelivery fees referred to in Article 8.5.

The resolution of the Sale will not affect Articles 21 and 22 which will remain in force between the Parties.

5. PRICE

Each product offer is accompanied by the unit price and is understood to be exclusive of taxes (ex VAT). The reference currency is: the euro.

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 potential environmental contributions applicable outside the Principality of Andorra.

The Seller reserves the right to modify its prices at any time. The Client is notified 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 Client 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 Client 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 Client; and
  • any potential shipping costs (except for free shipping offers under conditions).

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 combined with bank electronic payment systems (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. Therefore, no person has access, either electronically 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 may 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 Client makes the payment. The commitment to pay given by card is irrevocable. By providing his banking information during the Sale, the Client authorizes the Seller to debit his card for the amount corresponding to the indicated price. The Client confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Order is likely to be canceled under the aforementioned conditions.

The activities related to the distance selling contract are held by AD TYRES INTERNATIONAL EU located at Level 3 Suite N° 2407, Tower Business Centre, Tower Street Swatar, BIRKIRKARA BKR 4013, MALTA - company registration number OC 1277.

6.2 PAYMENT BY PAYPAL

The Client who opts for payment via Paypal (www.paypal.com) must have or create an account with this provider (www.paypal.com/signup/accountCreate).

Transactions made via Paypal are secured by the 3D-Secure protocol. The Seller does not have access to the Client's bank details at any time.

6.3 PAYMENT BY BANK TRANSFER

The Client may make their payment by SEPA transfer to the Seller's account, the details of which are as follows:

Account holder: AD Tyres International SLU
IBAN: BE21 9672 1585 7803
BIC (SWIFT-CODE): TRWIBEB1XXX
Wise.

For the transfer to be acknowledged by the Seller, it is essential that the Client indicates their Order number in the transfer reference or in the field provided for this purpose. The order number is reminded to the Client 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 it takes to receive 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.

7. PROPERTY AND TRANSFER OF RISKS

The Products become the property of the Client upon 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 will be transferred to the Consumer or the Non-Professional upon handing over the goods to the carrier.

8. DELIVERY

The delivery of the Order is carried out at the choice of the Customer, expressed during the Order, by the delivery of the Order to an address provided by the Customer.

8.1 DELIVERY CHARGES

Regarding auto parts and all other items, shipping costs are indicated in the cart.

Regarding tires, delivery charges are offered to the Customer for any purchase of two (2) identical products. In the case of a single purchase (car tires, rim), the delivery charges are the responsibility of the Customer, except for motorcycle tires where shipping costs are offered from the first tire purchased.

8.2 DELIVERY TIME

The Seller undertakes to deliver the Order within a maximum period of thirty (30) days from the validation of the Order ("Delivery Time"). The Customer acknowledges and accepts without reservation that no other deadline mentioned on the Site constitutes a firm commitment of the Seller towards the Customer.

The Customer 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 Order Price. In the case of selecting several Products within the same Order, they may possibly not be delivered on the same day without this giving rise to any claim on the part of the Customer.

The aforementioned Delivery Time is interrupted in the following cases:

  1. payment delay;
  2. address error declared by the Customer;
  3. absence of the Customer or their authorized representative to receive the Order.

In cases (i) and (ii), the Delivery Time will start to run again from the regularization of the payment incident for a new period of thirty (30) days.

In case (iii), the Customer and the Seller (or the carrier if applicable) will agree on a new delivery date for which the Customer commits to ensure that they or their representative are 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 the written notice 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 they 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 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 the total amount 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. The Customer is personally responsible for informing and giving instructions to their agents or representatives regarding 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 in conformity, 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 10.2 below are applicable.

In the 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 certificate will be requested from the Customer in order to open the dispute.

The time frame for resolving disputes with the Carrier is a minimum of ten (10) working days and may last up to four (4) weeks from the opening of the dispute. These time frames are provided for information purposes 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 with a Delivery Note for signature, which Delivery Note explicitly indicates the possibility of making reservations, particularly in the case of apparent defects in the Product(s) or failure to deliver the instruction manual.

The Customer acknowledges and agrees that the signature by him, his agent or his representative, of such a Delivery Note constitutes irrefutable proof of the Delivery Date of the entire Order or, in the case of separate delivery of Products from the same Order, the Products concerned by that delivery.

8.5 DIFFICULTIES DURING DELIVERY

The Seller commits to deliver the Order to the delivery address that was provided by the Client during the Order process. In this regard, the Client commits to provide the Seller with an existing, complete, and accurate delivery address of a location where the delivery of the Order is feasible and permitted.

In the event of an error in the delivery address provided by the Customer, any modification to it will result in reshipment charges. These fees, amounting to fifteen (15) euros, will be borne by the Customer and invoiced by the Seller.

The Client guarantees to the Seller their presence at the location, or that of an appointed agent or duly authorized representative, to receive the Order. Failing this, the Seller cannot be held responsible for any delivery delay.

If the Client is absent during the delivery, they must contact the Carrier in charge of their package to arrange a new delivery date or a pickup at the nearest depot.

The second delivery attempt will be subject to a re-delivery attempt fee of three (3) euros in favor of the Seller.

If the Client fails to contact the Carrier within the timeframe set by the latter, the packages will be sent back to the Seller's warehouses, who will then notify the cancellation of the Order and the resolution of the Sale upon receipt of the return package.

The return costs of thirty (30) euros per package will be the exclusive responsibility of the Client.

The return costs as well as any potential re-delivery fees will be deducted from the refund of the Order.

8.6 DEPOSIT 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 deposit Products includes the amount of the part and a deposit fee, which is the amount requested by the manufacturer to ensure the return of the old spare parts for their reconditioning and recycling.

Upon receipt of the new Product, the Customer must return the used Product to the Seller at the address provided by the latter for the return of deposit 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 cost of reshipping is the responsibility of the Customer.

Upon receipt of the used Product, the Seller refunds the Customer the amount of the deposit within a maximum period of fifteen (15) days provided that the used Product 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 a telephone solicitation or outside of business premises.

9.2 WITHDRAWAL PERIOD

The Holder of the Right of Withdrawal has a period of fourteen (14) days (hereinafter referred to as the "Withdrawal Period") to exercise their right of withdrawal without having to justify their decision, nor to bear any other costs 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 off-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 multiple Products delivered separately or in the case of a Sale of a Product consisting of multiple lots or pieces with staggered delivery 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 over a defined period, the Withdrawal Period starts from the receipt of the first Product.

The day the Contract is concluded or the day the Product is received is not counted in 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, a 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.maxityre.ie/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 may either organize the return of the Product(s) themselves by directly bearing the associated costs or request the Seller, subject to the latter's acceptance, to take charge of this return which will be invoiced back to the Holder of the Right of Withdrawal at a flat rate of thirty (30) euros per item.

The liability of the Holder of the Right of Withdrawal can only be incurred 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).

6. FINANCIAL CONDITIONS

Payment is due immediately upon ordering, which will be processed by the Seller only upon receipt of the Client's full payment.

If the payment of the Price is not received within three (3) days following the validation of the Order, the Client receives a notification from the Seller demanding payment of the Price within an additional period of four (4) days. Failing this, the Seller may cancel the Order and thus resolve the Sale.

The Client may pay for their order using the following payment methods:

  • credit card;
  • SEPA transfer (with the possibility of automatic debits for Professionals).

The Client assumes the consequences of any input errors during the payment procedure and any anomalies or malfunctions of the payment methods.

The Seller may require any Professional Client to pay late payment penalties due the day after the due date. The rate of late payment interest will be equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. The rate applicable during the first half of the year concerned is the rate in force on January 1st of the said year. For the second half of the year concerned, it is the rate in force on July 1st of the said year. Late payment penalties are payable without a reminder being necessary.

Furthermore, any Professional Client 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 claim 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 Client, the client agrees to automatically regularize unpaid invoices on their company's credit card.

After each payment, regardless of the means, the Client receives a confirmation email.

9.5 REFUND

When the right of withdrawal is exercised, the Seller shall refund the Holder of the Right of Withdrawal the full amount paid, including delivery costs, without undue delay and no later than fourteen (14) days from the date on which the Seller is 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 any fees for the Holder of the Right of Withdrawal.

The Seller is not required to refund additional costs if the Holder of the Right of Withdrawal has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

9.6 CONSEQUENCES

The exercise of the right of withdrawal terminates the obligation of the Parties either to perform the distance Contract or the off-premises Contract, or to conclude it when the Holder of the Right of Withdrawal has made an offer. The exercise of the right of withdrawal from a principal distance or off-premises Contract automatically terminates any ancillary contract, without any costs for the Holder of the Right of Withdrawal other than those provided for in this article.

10. WARRANTIES

The implementation of any warranty provided for in this Article must be requested by contacting the Seller at the following URL:

https://www.maxityre.ie/contact

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 stated 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.

10.2 CONFORMITY WARRANTY

10.2.1 Product Conformity

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

In order to be in conformity with the Sales contract, the Products must in particular, where applicable:

  • correspond to the description, type, quantity, and quality and have the functionality, compatibility, interoperability, and other characteristics as provided for in the Sales contract;
  • be suitable for the specific purpose intended 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 for Conformity

(i) In addition to meeting all the compliance requirements set out in the contract, the Products must:

  1. be suitable for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any provisions 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 concerned sector;
  2. if applicable, have the quality of a sample or model that the seller made available to the Consumer before the conclusion of the contract, and correspond to the description of that sample or model;
  3. if applicable, be delivered with the accessories, including packaging and installation instructions or other instructions, that the Consumer may reasonably expect to receive; and
  4. be in quantity and have qualities and other characteristics, including in terms of durability, functionality, compatibility, and safety, that are normal for goods of the same type and which the Consumer may reasonably expect, given the nature of the Products and taking into account any public statement made by the Seller or other persons upstream in the transaction chain or on behalf of the Seller or such persons, including the producer, particularly in advertisements or on the label.

(ii) The Seller is not bound by the public statements referred to in (i), point d), if it demonstrates:

  1. that it was not aware and could not reasonably have been aware of the relevant public statement;
  2. 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 way; or
  3. 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 has been specifically informed that a particular feature of the Products deviates from the objective criteria of conformity set out in (i) and that the Consumer has expressly and separately accepted this deviation when concluding the Sales contract.

10.2.4 Incorrect Installation of Products

Any lack of conformity resulting from the incorrect installation of the Products is deemed to be a lack of conformity of the Products if:

  1. the installation is part of the Sales contract and has been carried out by the Seller or under the Seller's responsibility; or
  2. the installation, which was to be carried out by the Consumer, has been performed by them 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 which appears within a period of two (2) years from that time, without prejudice to a longer period provided 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 a period of 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 by the national legislation of the Consumer which the latter is invited to consult.

10.2.7 Notification

The national legislation of the Consumer may provide that to benefit from their rights, the Consumer must inform the Seller of a lack of conformity within a certain period from the date on which they detected the defect. The Consumer is invited to consult their national legislation on this point.

10.2.8 Consumer's Recourse for Lack of Conformity

(i) In the event of a lack of conformity, the Consumer is entitled to the conformity of the Products, a proportional reduction of the price, or the resolution of the Sale, under the conditions set out in this article.

(ii) To obtain the conformity of the Products, the Consumer may choose between repair and replacement, unless the chosen recourse is impossible or would impose on the Seller costs that would be disproportionate, taking into account all the circumstances, in particular:

  1. the value the Products would have had without the lack of conformity;
  2. the significance of the lack of conformity; and
  3. the possibility of opting for the other recourse without major inconvenience to the Consumer.

(iii) The Seller may refuse to bring the Products into conformity if the repair and replacement prove impossible or would impose disproportionate costs on the Seller, taking into account all the circumstances, in particular those mentioned in (ii), points a) and b).

(iv) The Consumer is entitled either to a proportional reduction of the price in accordance with Article 10.2.8, or to the resolution of the Sales contract in accordance with Article 10.2.9, in each of the following cases:

  1. 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 10.2.6, (ii) and (iii), or the Seller has refused to bring the Products into conformity in accordance with (iii) of this article;
  2. a lack of conformity appears despite the Seller's attempt to bring the Products into conformity;
  3. the lack of conformity is so serious that it justifies an immediate reduction of the price or the immediate resolution of the Sales contract; or
  4. 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 is not entitled to the resolution of 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 a part thereof until the Seller has fulfilled the obligations incumbent upon him under the warranty. Specific conditions for exercising the right to suspend payment may be provided for by the Consumer's national legislation, which the Consumer is advised to consult.

(vii) The Consumer's national legislation 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 advised to consult his national legislation on this point.

10.2.9 Repair or Replacement of Products

(i) A repair or replacement is carried out:

  1. free of charge;
  2. within a reasonable time from the moment the Seller has been informed by the Consumer of the lack of conformity; and
  3. without significant inconvenience to the Consumer, taking into account the nature of the Products and the use sought by the Consumer.

(ii) When remedying the lack of conformity by a repair or replacement of the Products, the Consumer shall make the Products available to the Seller. The Seller shall take back the replaced Products at its 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 that they have made of the replaced Products during the period prior to their replacement.

10.2.10 Price Reduction

The price reduction is proportional to the difference between the value of the Products received by the Consumer and the value that the Products would have if they were in conformity.

10.2.11 Sale Resolution

(i) The Consumer exercises their right to the resolution of the Sale by sending the seller a statement that sets out their decision to exercise their right to resolve the Sale contract.

(ii) When the lack of conformity only concerns some of the Products delivered under the Sale contract and there is a reason for the resolution of the sale contract pursuant to Article 10.2.7, the Consumer may only exercise their right to resolve the Sale contract with respect to those Products, and with respect to any other Product they acquired at the same time as the non-conforming Products if it cannot reasonably be expected for the Consumer to agree to keep only the conforming Products.

(iii) When the Consumer exercises their right to resolve the Sale contract in its entirety or, in accordance with (ii), with respect to certain of the Products delivered under the Sale contract:

  1. the consumer returns the Products to the Seller at the Seller's expense; and
  2. 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 restitution and the refund. The Consumer is therefore invited to consult their national legislation on this point.

10.3 WARRANTY AGAINST 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.

This commercial warranty applies without prejudice to the right of the Consumer to benefit from the legal warranty of conformity referred to in Article 10.2 or from national provisions relating to the warranty against 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, unless it proves 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.

12. INSURANCE

The Seller is insured for professional liability arising from its activities and resulting from bodily, material, and immaterial damages caused to third parties before or after the delivery of a product or the completion of a work service.

This insurance has been taken out with the company AXA France - 313 Terrasses de l’Arche – 92727 Nanterre Cedex (France).

The geographical coverage of this insurance extends worldwide 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 works 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 for the debtor Party, the Contract is automatically terminated and the Parties are released from their obligations.

In the case 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 inability to perform a contractual obligation by a Party releases that Party to the corresponding extent when it results from a case of Force Majeure and is definitive, unless it has agreed to take it on or it has been previously formally notified.

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, on the protection of personal data (hereinafter "LQPD").

The Client is invited to consult the Privacy Charter and the Cookie page of the Site to learn about the conditions under which personal data is processed and stored by the Seller.

15. CONTRACTUAL DOCUMENTS

The Contract is made up of the following contractual documents:

  1. these General Terms and Conditions of Sale;
  2. the Order Form;
  3. the Delivery Note;
  4. 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 unforeseen change in circumstances that would render the performance of each Party's obligations under the Contract excessively burdensome.

16. TITLES

The titles used in the General Terms and Conditions of Sale are provided for convenience only and shall not contribute to affect the meaning or the structure of the provisions of the General Terms and Conditions of Sale.

In case of difficulty in interpretation between any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles will be declared non-existent.

17. VALIDITY

If one or more provisions 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 provision(s) shall be deemed severable from the General Terms and Conditions of Sale. The other provisions 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 provision(s) are of an essential and determining nature without which it would not have contracted.

18. TOLERANCES

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. COMPLAINT

In case of a complaint, the Client is invited to contact the Seller through the form accessible here.

As part of any complaint, the Client is invited to indicate their Order number.

The Seller will make their best efforts to provide a response to any complaint as soon as possible.

The possibility for the Client to submit a complaint is without prejudice to the exercise of their right to refer the matter to the consumer mediator under the conditions of Article 21 or any competent jurisdiction.

20. MEDIATION

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 to use the Online Dispute Resolution (ODR) platform provided by the European Commission and accessible at the following address: Online Dispute Resolution.

21. 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 rights 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 be applicable in terms of processing of personal data.

For any other matter not covered by the two stipulations above, Andorran law will be applied subsidiarily.