By Model
JALPA, sarl with a capital of 10000 euros,
6 Main Street, 39570 WEIGHT OF FLASK
Tel: 06.32.165.400 or 03.84.255.400, contact: contact @ pneucollection.com
RCS de Lons le Saunier, n° 809627417
Editor of the www.pneucollection.com website
General conditions of sale of products sold on the www.pneucollection.com site
Last updated : 2020-09-01
Article 1 - Purpose
These conditions govern the sales by the site www.pneucollection.com of all the products presented on the site, including : tires, wheels, chambers and accessories divers.
Article 2 - Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
Regarding tires delivered in metropolitan France, our company is based in France, it ships tires from its depot located in France, or from partner depots of the company. You are therefore not considered a tyre producer, and you are therefore not liable for the eco-contribution on used tyres, as our company has already contributed to the recycling of tyres sold, which is not the case for companies located abroad that deliver tyres to you from abroad (including Europe)
In case of order to a country other than the metropolitan France you are the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of JALPA .
They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to check with your local authorities about these aspects.
All orders regardless of their origin are payable in euros.
Pneucollection.com reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time of validation of the order and subject to availability, which will be confirmed to you by email.
The products remain the property of Pneucollection.com until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
You can place an order:
On the Internet: www.pneucollection.com
By phone at 06.32.165.400 or 03.84.255.400 from Monday to Friday, from 9:00 to 12:00 and from 14:00 to 17:00
The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.
Pneucollection.com reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in case of supply problem, or in case of difficulty concerning the order received.
Article 4 - Validation of your order
Any order appearing on the website Pneucollection.com implies acceptance of these General Conditions. Any order confirmation implies your full and complete acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will be proof of the transaction.
You declare that you are fully aware of it.
The order confirmation will be worth signature and acceptance of the operations carried out.
A summary of the information of your order and these General Terms and Conditions will be sent to you in PDF format via the e-mail address confirming your order.
Article 5 - Payment
The fact of validating your order implies for you the obligation to pay the indicated price.
The payment of your purchases is made by credit card thanks to the secure 3D SECURE system
The card is debited before the order is shipped.
Regarding orders paid by check, the sending of your order will take place within 15 days from the bank delivery of your check.
Article 6 - Withdrawal
In accordance with the provisions of Articles L221-18 to L221-28 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty.
In the case of an order for several goods delivered separately or in the case of an order for goods composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last piece.
Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
The return costs are at your expense.
In case of exercise of the right of withdrawal, Pneucollection.com will refund the sums paid, within 14 days of notification of your request and via the same means of payment as that used when ordering, minus the return costs.
A model withdrawal form is available on our website at :
https://www.pneucollection.com//uploads/actualites/fa4e53da7855b8223136194e117f27fe.pdf
or below at the end of these general conditions of sale, in Appendix 2.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal does not apply to:
The provision of services fully performed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal.
The supply of goods made to the consumer's specifications or clearly personalized :
Example : whitewall tires, white edging, or any color, manufactured especially for the customer, rims manufactured according to specifications of offset, diameter, width, desired by the customer, wheels painted according to a color desired by the customer, all complete wheels mounted and balanced, without this list being exhaustive.
Article 7- Availability
Our products are offered as long as they are visible on the www.pneucollection.com site and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers.
The tires and accessories sold on the www.pneucollection.com website, because of their specificity, are manufactured in very small series, and irregularly, it is possible that an item indicated as available is sold in the meantime, and that the replenishment period exceeds 3 months. No financial compensation will be granted if the deadline initially announced is exceeded.
We will inform you by email after placing your order, indicating to you, according to the elements we have, the likely delivery time.
You will then have to confirm your agreement for this period, or the wish to cancel your order. No bank debit will be made, or if the debit has been made, the order will be refunded.
In addition, the Pneucollection.com website is not intended to sell its products in large quantities. Therefore Pneucollection.com reserves the right to refuse orders for more than 30 identical items.
White sidewall tires or other custom-made, are manufactured on demand, the delay is generally 3 weeks. No financial compensation will be granted if this period were to be exceeded, and no order cancellation will be accepted for this reason, except for the customer to lose the sums paid.
Article 8 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the article sheet of the product ordered.
80% of our orders are delivered within 24/48h, this time being the time necessary for delivery, between the time when the package leaves our depot, and the moment it is presented to the delivery address for products in real stock at our depot. It may be that the product you ordered is stored on another depot, and that the time required for delivery exceeds the usual period of 24/48h, to be increased to 7, or even 10 working days, or even 30 days as provided for in Article L216-1 of the Consumer Code. No financial compensation will be granted for this reason, the customer by ordering accepts this period.
The buyer agrees to endure a delivery time of more than 30 days, for any specially made item, or for any product requiring a special order from the manufacturer. The buyer acknowledges being aware that the products sold by the site pneucollection.com are not everyday consumer goods, are manufactured irregularly, and in small quantities, which can induce supply times of more than 1 month, and up to 1 year.
In case of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time indicated to you.
In accordance with the legal provisions, in case of late delivery, you have the possibility to cancel the order.
In case of deliveries by a carrier, Pneucollection.com can not be held responsible for late delivery due exclusively to unavailability of the customer after several proposals for appointments.
Reproduction of Articles L 216-1 to L216-6 of the Consumer Code:
The professional delivers the goods or provides the service on the date or within the period indicated to the consumer, in accordance with 3° of Article L. 111-1, unless the parties have agreed otherwise.
In the absence of indication or agreement as to the date of delivery or performance, the professional delivers the goods or performs the service without undue delay and no later than thirty days after the conclusion of the contract.
Delivery means the transfer to the consumer of physical possession or control of the goods. In the event of a breach by the professional of his obligation to deliver the goods or provide the service on the date or expiry of the period provided for in the first paragraph of Article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having enjoined the trader to make the delivery or provide the service within a reasonable additional period of time, the trader has not performed within that period.
The contract is considered terminated upon receipt by the trader of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The consumer may immediately terminate the contract when the professional refuses to deliver the goods or provide the service or when he does not perform his obligation to deliver the goods or provide the service on the date or expiry of the period provided for in the first paragraph of Article L. 216-1 and that date or period constitutes for the consumer an essential condition of the contract. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
When the contract is terminated under the conditions provided for in Article L. 216-2, the professional reimburses the consumer for all the sums paid, at the latest within fourteen days of the date on which the contract was terminated.
Any risk of loss of or damage to the goods passes to the consumer at the time when the consumer or a third party designated by him, and other than the carrier proposed by the trader, takes physical possession of those goods.
Where the consumer entrusts the delivery of the goods to a carrier other than that proposed by the trader, the risk of loss or damage to the goods shall pass to the consumer upon delivery of the goods to the carrier.
Article 9 - Warranty
The Articles supplied by the company benefit Pneucollection.com automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- the legal guarantee of conformity, for Items apparently defective, damaged or damaged or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use, under the conditions and according to the modalities referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Buyer
- has a period of two years from the delivery of the property to take action against the Seller reduced to six months for second-hand items;
- - may choose between the repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product.
The Buyer may decide to implement the guarantee against hidden Product defects in accordance with Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Buyer must inform the company Pneucollection.com, by registered mail with acknowledgment of receipt, of the non-conformity of the Products within a maximum period of eight (8) days from the delivery of the Items or the discovery of hidden defects within the deadlines referred to above and return to the company's registered office pneucollection.com the defective Items in the condition in which they were received with all the elements ( accessories, packaging, instructions...).
The Pneucollection.com Company will refund, replace or have repaired the Items or parts under warranty found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Items deemed non-compliant or defective will be made as soon as possible and at the latest within 60 days following the discovery by the Pneucollection.com company of the lack of conformity or hidden defect.
The refund will be made by crediting the Buyer's bank account or by cheque addressed to the Buyer.
The Pneucollection.com company cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Buyer to verify,
- in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the Product, accident or force majeure,
- in case of Articles integrated or added by the Buyer or any other person not authorized by the manufacturer
The warranty of the company Pneucollection.com is, in any case, limited to the replacement or refund of non-conforming or defective Items.
The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, instructions ...). The shipping costs will be refunded on the basis of the invoiced rate (if invoiced) and the return costs will be refunded upon presentation of supporting documents, only for products accepted for a guarantee. The return costs remain at your expense within the framework of the right of withdrawal.
No claim or warranty claim will be accepted when the customer has stored the products more than 2 months before using them.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
In addition, the PUBLISHER specifies that the products sold are mostly approved for road use, in compliance with the European rules in force.
This approval of the PRODUCTS is subsidiary to the conformity of the vehicle on which they are intended to be fitted and provided that the sizes, in particular rims and tyres, are in conformity with the requirements of the vehicle manufacturer.
Given the specificity and high technicality of the PRODUCTS sold by the PUBLISHER, the CUSTOMER is required to strictly comply with the safety and reliability requirements and recommendations relating to the use (vehicle, inflation, pressure, etc.), the assembly and storage of the tyres.
THE PUBLISHER IS IN NO WAY RESPONSIBLE FOR THE CHOICE OF PRODUCTS MADE BY THE CUSTOMER, THE IMPROPER STORAGE OR ASSEMBLY OF THE PRODUCT (S) AND THEIR USE IN ABNORMAL CONDITIONS AND ONLY THE CUSTOMER IS RESPONSIBLE FOR THE COMPATIBILITY OF THE PRODUCTS ORDERED WITH THE PRESCRIPTIONS AND RECOMMENDATIONS MANUFACTURER OF THE VEHICLE FOR WHICH THEY ARE INTENDED.
AS SUCH, THE CUSTOMER UNDERTAKES TO SCRUPULOUSLY COMPLY WITH THE PRESCRIPTIONS AND RECOMMENDATIONS IN TERMS OF SAFETY AND RELIABILITY RELATING TO THE USE OF THE PRODUCTS (VEHICLE, INFLATION, PRESSURE ...)
The warranty does not cover defects resulting from an error in assembly, nor normal wear and tear of the tyres, nor the consequences due to improper use of the tyres, nor the deterioration of the products by negligence.
The PUBLISHER does not provide any additional guarantee other than the legal guarantees of conformity and hidden defects provided for in Article 6, as well as, subject to the subscription by the CUSTOMER to the guarantee contract, the guarantee referred to in Article 14.
IT IS EXPRESSLY AGREED THAT IN THE EVENT THAT THE CUSTOMER ENTRUSTS THE ASSEMBLY SERVICE TO ONE OF THE PARTNERS OF THE WEBSITE, THE CUSTOMER IS REMINDED THAT THE PARTNERS BEING LEGALLY DISTINCT ENTITIES OF THE PUBLISHER, THE LATTER CAN IN NO WAY BE RESPONSIBLE FOR THE SERVICE OF ASSEMBLY, DISMANTLING AND IN A GENERAL WAY OF THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE PARTNER WHICH IS DIRECTLY SUBJECT TO THE CONTRACTUAL PROVISIONS OF THIS LAST.
Some items sold on the site, given their specificity, do not benefit from a European approval, but most of the time from an American DOT (Department Of Transport) approval. The customer is therefore required to verify that the use he intends to make of the said items complies with the legal obligations in force in the country where he wishes to use these products.
Article 10 - Liability
The products offered comply with the French legislation in force. The responsibility of Pneucollection.com can not be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order.
From 1 November 2012, the new European tyre label comes into force. It is mandatory for all new tyres manufactured on or after 1 July 2012.
It provides the consumer with transparent information on fuel consumption, safety features on wet roads as well as noise pollution of the tyre on sale.
The scoring exceptions are as follows:
Motorcycle tyres
Quad tires
Retreaded tyres
Professional off-road tyres.
Tyres only designed for fitting on vehicles registered for the first time before 1 October 1990.
T spare tyres intended for temporary use.
Tyres for the speed category below 80 km/h.
Tires with a nominal rim diameter of not more than 254 mm (10 inches) or not less than 635 mm (25 inches)
Tyres with devices that promote tractive force (e.g. studded tires).
Tyres only designed to be fitted to vehicles intended exclusively for racing.
Pneucollection.com cannot be held responsible for damages resulting from misuse of the purchased product.
Finally, Pneucollection.com cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
Article 11 - Applicable law in case of disputes
The language of this contract is the French language. These conditions of sale are subject to French law. In case of dispute, the French courts will have sole jurisdiction.
All disputes to which the purchase and sale operations concluded pursuant to these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved between the company JALPA / Pneucollection.com and the Buyer will be submitted to the competent courts under the conditions of common law.
Any Buyer acting as a consumer, as defined by the Consumer Code, may, if he wishes, have recourse to the consumer mediation procedure by requesting a consumer mediator.
To this end, JALPA / Pneucollection.com has appointed as consumer mediator, the mediator of the CNPA (National Council of Automotive Professions) who can be contacted according to the following procedure:
-The consumer customer must first contact pneucollection.com.
As a second resort, as long as Pneucollection.com is a member of the CNPA, subject to having previously sent a written complaint to Pneucollection.com and compliance with the conditions of admissibility of his file (which he can read on http://www.mediateur-cnpa.fr/comprendre-la-mediation.htm),
the consumer customer can then refer the matter to the Mediator of the National Council of Automotive Professions (CNPA):
By using the online contact form on the website www.mediateur-cnpa.fr;
By e-mail to mediateur@mediateur-cnpa.fr
By mail to the Mediator of the CNPA – 43 bis route de Vaugirard – CS80016 92197 MEUDON CEDEX
Article 12 - Intellectual property
All elements of the site www. pneucollection.com are and remain the intellectual and exclusive property of JALPA. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of JALPA.
Article 13 - Personal data
JALPA reserves the right to collect personal information and personal data about you. They are necessary for the management of your order, as well as for the improvement of the services and information we send you.
They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment : transport company in particular
Pneucollection.com does not give, sell, or exchange your personal data to third parties, before preserving your peace of mind and the confidentiality of the data you have entrusted to us.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of 6 January 1978, you have the right toacc, rectify and oppose personal information and personal data concerning you, directly on the website.
Article 14 - Archiving Proof
JALPA will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
JALPA's computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
APPENDIX 1
- PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the property must:
- Be fit for the use usually expected of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or the making available for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
APPENDIX 2
- WITHDRAWAL FORM
Letter of withdrawal
to be sent by registered mail with acknowledgment of receipt or by email, requesting an acknowledgment of receipt
Your first and last name :
Your address :
Postal Code – City :
To :
Pneucollection.com
6 Main Street
39570 FLASK WEIGHT
Email : contact@pneucollection.com
In ..., the ...
Dear Madam, Sir,
On .............(date of purchase order), I ordered ........................... that you delivered to me (or that I received) on ............ (date).
In accordance with Article L. 221-18 of the Consumer Code, I exercise my right of withdrawal.
Consequently, I kindly ask you to return to me as soon as possible and at the latest within 14 days of receipt of this letter, the sum of .. ....... euros that I paid you when ordering, this in accordance with the provisions of Article L. 221-24 of the Consumer Code and after deduction of the return costs mentioned in your general conditions of sale.
Please find attached the returned items:
Details of the objects :
..................................................................................................................
Please accept, Madam, Sir, the expression of my distinguished sentiments.
Signature