AD TYRES INTERNATIONAL SLU, a company incorporated under Andorran law in the form of a limited liability company with a capital of 1,000,000 euros, registered in the Andorran Trade and Companies Register under number 16339, with its registered office at Carrer Bonaventura Armengol Num. 10, Edifici Monclar, Bloc Num. 1, Despatx Num. 111-112, ANDORRA LA VELLA (Principality of Andorra), (hereinafter referred to as the "Seller") has as its main activity the sale of tyres and associated products through the MAXI TYRE website accessible at maxityre.ie.
- GTCmeans the Seller's present general terms and conditions of sale.
- Customer means any legal entity accessing the Site to place an Order.
- Order refers to the Product(s) ordered by the Customer for each purchase on the Site.
- Sitemeans the Seller's Internet site accessible at the URL www.maxityre.ie.
- The Seller is the person referred to in the Preamble.
- Salemeans the legal transaction concluded between the Seller and the Customer whereby the former undertakes to deliver the Order and the latter to pay the Price.
2. PURPOSE AND ACCEPTANCE
The GTC shall apply to all Sales concluded on the Seller's Site and shall define the relationship between the Seller and the Customer for each Order.
The validation of any Order by a Customer is subject to the Customer's prior acceptance, without restriction or reservation, of all the terms and conditions of the GTC in force on the Site, acceptance of which is demonstrated by clicking the box to the left of the words "I have read and accepted without restriction or reservation all the general terms and conditions of sale applicable to my order". The GTC are accessible on the Site and are transmitted to the Customer on a durable medium as an attachment to the acknowledgement of receipt.
The contract is deemed to have been concluded between the parties as from the issuing of the acknowledgement of receipt by the Seller.
Each product offer is accompanied by the unit price in euros and is understood to include all taxes.
In accordance with Article 14 below, all Orders shall be subject to the laws of the Principality of Andorra, which Orders shall be deemed to have been placed in the territory in which the Seller is established.
The Seller reserves the right to change their prices at any time. The Customer is advised that the prices of the product offers are likely to vary several times a day and are updated in real time. The prices applied to an Order shall be those displayed on the Site at the time of final validation of the Order, as defined in Article 5.4.
In the context of certain product offers, the Seller indicates the price from the supplier's scale communicated to him or her by his or her partners and indicates the percentage difference with the Seller's price. The Seller does not guarantee the accuracy of the price from the supplier's price list and it is the Customer's responsibility to verify this information by his or her own means.
The total price of an Order is composed of:
- The total sum of the prices of the quantities of products selected by the Customer; and
- any shipping costs (except for free shipping in certain conditions).
The essential features and prices of the products are indicated in each product offer published on the site. These elements constitute contractual information subject to the availability in stock of the products concerned. All other information (especially visuals) are not contractual.
5.1 Access to the Site
The Public Site is available to all visitors, all year round, 7 days a week, 24 hours a day, subject to the interruptions necessary for technical maintenance, servicing and updating operations and any technical breakdown. The Seller shall not be held liable in any way for any suspension or interruption of access to the Site and the Customer expressly waives in full any claim for compensation based on these facts.
5.2 Selection of the Product(s)
The Customer acknowledges and accepts that the search for and selection of the product(s) by the Customer is done under his or her full responsibility.
The Seller uses TecDoc Catologue and manufacturer APIs to identify vehicles and appropriate spare parts. The Seller does not assume responsibility for any inaccuracies in this information. If the spare part proves to be incompatible with the vehicle, the customer may use his or her right of withdrawal as provided for in point 9 to obtain a refund, with the cost of return being borne by the customer.
5.3 Creation and use of the customer account
In order to finalise the Order, the Customer must create an account (if this has not already been done for a previous Order) by providing the necessary information. The Customer undertakes to provide true and sincere information and to inform the Seller of any changes to it. The Seller shall not be held responsible for any input errors and the consequences thereof, such as a delay and/or error in delivery. In this context, all costs incurred for the reshipment of the Order shall be borne entirely by the Customer.
The Seller reserves the right to deactivate, without delay or compensation, the account of any Customer in case of violation of these terms and conditions and fraudulent or illegal use of the account by the Customer or any third party.
The Seller will decide on the definitive banning of the Customer from the Maxi Tyre platform in the event that the Customer commits the following acts:
- canvassing by wholesalers or manufacturers of customers contacted through the Site;
- payment not settled after fifteen (15) days;
- transferring his or her account to another user without prior consent; and
- exercise of an activity competing with the Site undertaken in an unfair manner by the Client, in particular by canvassing the clientele contacted through the Site.
The Customer may deactivate his or her account by informing the Seller of this decision by e-mail at support@ maxityre.ie. The Seller will deactivate the account within a maximum of seventy-two (72) hours from the receipt of this email.
5.4 Order confirmation
After having confirmed his or her basket, created his or her account, entered the delivery address and chosen and validated the payment, the Customer is invited to definitively validate his or her order by clicking "Final confirmation of order".
5.5 Order Cancellation
Once the Order has been definitively confirmed, the Customer may request that it be cancelled, provided that the products in the Order have not yet been delivered to the carrier.
To request the cancellation of an Order, the Customer must send an e-mail to firstname.lastname@example.org with the words "URGENT ORDER CANCELLATION" in the subject line, specifying in the body of the e-mail the Order number and, if applicable, the products to be cancelled if the cancellation is partial. Once the cancellation has been taken into account by the Seller, the Customer shall be reimbursed within a maximum of ten (10) working days from the date of the Seller's confirmation e-mail, using the same means of payment as the one used by the Customer when placing the Order.
6. FINANCIAL TERMS
Payment is due immediately upon placing the Order. The Customer can pay for his or her order using the following payment methods:
- credit card with a processing time of one (1) day; or
- direct debit with a processing time of seven (7) days.
The customer authorizes the automatic debit of the amount of his or her orders by any means of payment accessible on the account.
In the event of a delay in payment, for any professional, in addition to the late payment fees, any sum not paid on its due date shall automatically incur a fixed penalty of 40 euros covering administration costs. Interest on arrears is calculated, from the due date, at the ECB rate plus 10 points, without prior notice.
After each payment, whatever the means, the Customer receives a confirmation e-mail.
Payment by credit or debit card:
The Seller only accepts payment by Visa, Mastercard, and Maestro cards.
Secure online payment by credit/debit card is made via a payment service provider.
All the credit card payment phases are subject to the HIPAY / BRAINTREE / CHECKOUT payment system, which is fully encrypted and protected. The protocol used is SSL coupled with electronic banking (3D secure protocol).
This means that order information and credit card numbers are not transmitted unencrypted over the Internet. The credit/debit card number is not printed on any paper, invoice, card receipt, or other list.
The Seller has no knowledge of the card numbers. HIPAY / BRAINTREE / CHECKOUT does not retain card numbers after transmitting the payment transaction to the merchant's bank. Thus, no one has access to the credit card details of the purchasers, neither in a computerized nor in a printed form. The risk of having one's credit card number hacked when purchasing on the Seller's HIPAY / BRAINTREE / CHECKOUT enabled websites is almost nil.
Professionals can also use the GoCardless direct debit system (gocardless.com) chosen by the Seller. This system is fully encrypted.
The Customer acknowledges and accepts without reservation that the Seller shall not be held liable on the basis of a security breach in the above-mentioned payment systems, which are the exclusive responsibility of their provider.
In the case of payments by credit/debit card, the transaction is immediately debited when payment is made by the Seller. The commitment to pay by card is irrevocable. By communicating his or her bank details during the Sale, the Customer authorises the Seller to debit his or her card for the amount corresponding to the price indicated. The Client confirms that he or she is the legal holder of the card to be debited and that he or she is legally entitled to use it. In case of an error, or if it is impossible to charge the card, the order is immediately cancelled.
The activities related to the distance selling contract are held by AD TYRES INTERNATIONAL EU located at Level 3 Suite No. 2407, Tower Business Centre, Tower Street Swatar, BIRKIRKARA BKR 4013, MALTA - registration number OC 1277.
7. RETENTION OF TITLE CLAUSE
The products in the Order shall remain the full and exclusive property of the Seller until the latter receives full payment of the price from the Customer.
However, the risks relating to the products in the Order shall pass to the Customer or his or her representative as soon as they are made available, regardless of the retention of title. The provision corresponds to the delivery date.
8.1 Delivery costs
Delivery is free to the Customer for any purchase of two (2) identical products.
8.2 Delivery time
The Customer acknowledges and accepts without reservation that any deadlines indicated on the Site do not in any way constitute a commitment by the Seller to the Customer.
8.3 Difficulties relating to the delivered products
In accordance with Article 7 above, the risks of loss and damage to the products covered by the Order shall pass to the Customer from the moment the Customer, or one of his or her employees or representatives, takes possession of the products upon signing the delivery note.
The Customer, or his or her agent or representative, must notify the carrier of any reserves on the products upon delivery. These reservations must be mentioned explicitly and precisely on the delivery note to be effective between the parties.
If the products covered by the Order are not in conformity or if the package received is in poor condition, the Customer may refuse delivery. He or she must then inform the Seller without delay by contacting customer service via the ticket system. The Customer shall return the non-conforming products to the Seller following the indications given by the Seller on how to return them. The customer will be reimbursed for the return shipping costs associated with these arrangements.
The Customer acknowledges and accepts that the Seller will not take back any product that has been fitted or driven.
8.4 Delivery note
The carrier gives the Customer a delivery note against a signature. The Customer acknowledges and accepts that his or signature, or that of his or her employee or representative, of such a delivery note constitutes irrefutable proof of the date of delivery of the products concerned.
8.5 Specific stipulations on delivery to the address declared by the Customer
The Seller undertakes to deliver the Order to the delivery address provided by the Customer at the time the Order was placed. In this respect, the Customer undertakes to provide the Seller with an existing, complete and accurate delivery address of a place where delivery of the Order is feasible and permitted. The Customer warrants to the Seller that he or she, or a duly authorized agent or representative, shall be present at the premises to accept the Order. Otherwise, the Seller shall not be liable for any delay in delivery. In case of return for lack of address, the return costs will be at the exclusive charge of the Customer.
If the Customer is absent at the time of delivery, he/she should contact the carrier in charge of the parcel to agree on a new delivery date or a collection from the nearest depot. Otherwise, the packages will be shipped back to the Seller's warehouse. The cost of returning the goods shall be borne exclusively by the Customer and shall be deducted from the refund for the Order.
9. RIGHT TO RETURN
The Customer has a period of fourteen (14) calendar days from the date of delivery to exercise his or her right of withdrawal without having to give reasons for his of her decision, or to bear any costs other than those provided for in this article.
To exercise his or her right of withdrawal, the Customer shall inform the Seller of his or her decision to withdraw through the ticket interface in his or her private account. Following the exercise of his or her right of withdrawal under the above conditions, the Customer shall return the Order or the products concerned by the withdrawal, at the latest within fourteen (14) calendar days following the communication of its decision to withdraw.
The Seller shall reimburse the Customer for the full price within fourteen (14) calendar days of the effective return of the Order, or of the products concerned by the withdrawal.
The products of the Order must be returned in their original packaging, without having been assembled, used or damaged. If this is not the case, no refund will be made by the Seller to the Customer, and the latter may be invoiced for the above-mentioned return costs.
10. LIMITATION OF LIABILITY AND PRESCRIPTION
The Seller shall assume the financial consequences only of direct and foreseeable damage caused to the Customer by a proven fault of the Seller, under the conditions and within the limits defined below.
The Seller shall in no way be liable for the financial consequences resulting from indirect or unforeseeable damage, such as, but not limited to, any lost profit, commercial loss, loss of turnover or profit, loss of clientele, loss of a chance, cost of obtaining a product, etc.
It is expressly specified that the Seller's liability to the Customer shall not exceed the total amount of the sums actually paid by the Customer for the Sale in question.
The Customer may only hold the Seller liable for a breach of the Agreement for a period of one (1) year from the occurrence of the breach in question.
11. FORCE MAJEURE
The Seller's obligations shall be automatically suspended in the event of force majeure, i.e. an event beyond the Seller's control, which could not be reasonably foreseen at the time of the conclusion of the contract, the effects of which cannot be avoided by appropriate measures and which prevents the Seller from fulfilling his or her obligation.
The Parties agree that the Seller shall in no case be held liable in the event of a failure to fulfil its obligations caused by a case of force majeure, no compensation or penalty being due in this case. If the case of force majeure exceeds a period of two (2) months, either party shall have the right to terminate the contract by registered letter with acknowledgement of receipt.
12. PERSONAL DATA
13. CONTRACTUAL DOCUMENTS
The contract consists of the following contractual documents:
- these General Terms and Conditions of Sale
- the order form ;
- the delivery note.
In the event of a contradiction or discrepancy between the provisions of two of the documents, the provision of the document ranking higher shall prevail (e.g.: delivery note shall prevail over order form; order form shall prevail over GTC).
No mention made by the Customer, or his or her employee or representative, on the delivery note other than his or her signature shall be considered as contractual in the absence of acceptance by the Seller.
The above-mentioned contractual documents represent the entirety of the commitments existing between the parties. These contractual documents replace and cancel out any prior oral or written commitments relating to the Sale.
14. APPLICABLE LAW
These GTC are subject to Andorran law and any dispute arising hereunder shall be subject to the jurisdiction of the Andorran courts.