General Terms and Conditions of Sale and Service Provision
Article 1: Purpose of these Terms and Conditions
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These General Terms and Conditions of Sale and Service Provision (hereinafter the
‘GTC’) apply to the sale of tyres and goods, the fitting and storage of vehicle tyres, and any other services provided by Alpha Pneus, a Luxembourg company with its registered office at 50A Rue des Bruyères L-1274 Howald, registered in the Luxembourg Trade and Companies Register under number B287106 (hereinafter the “Company”).
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Article 2: Acceptance of the GTC
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2.1 The Customer acknowledges having read these GTC before placing their order.
2.2 The Customer declares that they accept these T&Cs without reservation or restriction.
2.3 The placing of an order by the Customer implies full and unconditional acceptance of these T&Cs.
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Article 3: Orders and Prices
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3.1 Orders are processed in the order in which they are received.
3.2 The prices applicable to the order are those in force on the date of delivery or, failing that, on the date the order is placed.
3.3 The prices of tyres, goods sold and services provided (tyre fitting, adjustments, tyre storage, etc.) are quoted in euros, inclusive of VAT.
3.4 The prices shown on the Alpha Pneus website, in brochures, catalogues and other commercial documents are valid on the date they are viewed.
3.5 Alpha Pneus reserves the right to change its prices at any time.
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Article 4: Terms of Payment
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4.1 Invoices must be paid in full, in cash or by electronic payment, without discount, upon collection of the goods.
4.2 For business customers, invoices are payable within fifteen days, either in cash, by bank transfer or by electronic payment, without discount, unless specific payment terms have been individually negotiated in writing.
4.3 Any delay in payment shall automatically and without prior notice result in the application of commercial interest at a rate of 10% per month of delay.
4.4 In the event of legal proceedings for non-payment, the invoice amount shall be increased by a fixed compensation of 10% by way of damages, with a minimum of €200, in addition to default interest and legal costs, which are not included in this compensation.
4.5 Alpha Pneus reserves the right to refuse any further work on the Customer’s vehicle(s) and to retain the vehicle(s) until full payment of the invoices in the event of non-payment of one or more invoices.
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Article 5: Delivery – Lead Time and Cancellation
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5.1 The delivery lead time is stated on the order form.
5.2 Should the delivery time be exceeded by more than three months, the Customer shall be entitled to cancel their order and obtain a refund of the sums paid.
5.3 The Customer must exercise their right to cancel by written notice, either by post to the address of Alpha Pneus’s head office, or by email to sav@alphapneus.lu.
5.4 To be valid, the notice must clearly state the Customer’s intention to cancel their order due to the delivery time limit set out in clause 5.2 being exceeded and must, on pain of nullity, specify the reference number of the cancelled order. If the Customer wishes to cancel several orders, they must notify their intention to cancel each order individually on the grounds that the time limit set out in clause 5.2 has been exceeded.
5.6 The Customer may not cancel the order, or the cancellation shall not be valid, if, between the time the time limit set out in clause 5.2 has been exceeded and the time the Customer notifies Alpha Pneus of their intention to cancel the order, Alpha Pneus has notified the Customer of the actual delivery date of the order.
5.7 Alpha Pneus shall not be liable for delivery delays, and the Customer may not claim any loss or make a claim for damages in this regard.
5.8 In the event of force majeure or unforeseen circumstances, Alpha Pneus reserves the right to cancel orders without formalities or prior notice.
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Article 6: Time Limit for Complaints
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6.1 Complaints regarding technical work carried out on the Customer’s vehicle must be sent by email to sav@alphapneus.lu within a maximum of eight days following the work.
6.2 Any complaint made after this deadline shall be deemed definitively time-barred, even if Alpha Pneus receives the complaint and begins to process it.
6.3 Alpha Pneus shall under no circumstances be held liable for any complaint made after the deadline.
6.4 If, despite the claim being time-barred, Alpha Pneus decides to take any action regarding this claim for the benefit of the Customer, such action shall constitute a mere gesture of goodwill and in no way an acknowledgement of any liability on the part of Alpha Pneus for any alleged loss or damage claimed by the Customer.
6.5 In the event of a complaint within the time limit specified in clause 6.1 regarding disagreement over the work carried out, a complaint regarding the quality of the work, or any other reasonable grounds for dissatisfaction, the Customer must bring the vehicle to Alpha Pneus by appointment for a joint inspection.
6.6 Even in the event of an emergency, the Customer must inform Alpha Pneus prior to any work being carried out on the vehicle, whether by the Customer or a third party, specifying the location where the vehicle can be inspected. This enables Alpha Pneus to check the condition of the vehicle and, if necessary, to involve its insurer or its expert.
6.7 In the absence of a prior joint inspection or if Alpha Pneus is unable to examine the vehicle or have it examined by its expert prior to any work carried out by a third party on the vehicle (except for the possible towing of a vehicle immobilised on a public road), no costs for third-party work nor any damages may be claimed from Alpha Pneus.
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Article 7: Liability and Warranty
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7.1 Alpha Pneus is liable for the work ordered by the Customer and carried out by Alpha Pneus.
7.2 During the service, any problem with the vehicle, unrelated to the work carried out by Alpha Pneus, which is identified by Alpha Pneus shall be reported to the Customer so that they may decide on the measures to be taken. This constitutes a simple obligation of means.
7.3 If the Customer chooses to continue using the vehicle despite a problem compromising the vehicle’s safety having been reported, Alpha Pneus may retain the vehicle until a written release of liability has been signed.
7.4 The Customer assumes responsibility for the condition of their vehicle, including its equipment.
7.5 Tyres sold by Alpha Pneus are covered by the statutory guarantee of conformity and the guarantee against hidden defects.
7.6 The guarantee does not cover normal wear and tear and is void in the event of unauthorised intervention by any person, negligence, lack of maintenance or force majeure.
7.7 To benefit from the manufacturer’s warranty, full payment for the goods must have been made by the Customer entitled to this warranty.
7.8 For any warranty claim, the Customer must present the paid purchase invoice.
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Article 8: Waste Management
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8.1 Alpha Pneus charges for the environmentally sound disposal of tyres and rims.
8.2 Used items not collected at the time of replacement with new parts are deemed to be waste without prior notice. Alpha Pneus is not obliged to retain them for more than 24 hours after their replacement.
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Article 9: Retention of Title Clause
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All goods supplied remain the property of Alpha Pneus until full payment of the relevant invoice has been made.
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Article 10: Storage
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10.1 Alpha Pneus offers a paid storage service for summer/winter tyres and summer/winter wheels.
10.2 Alpha Pneus guarantees that storage will be carried out with the utmost care. Any further liability is excluded.
10.3 Alpha Pneus reserves the right to have the tyres/wheels stored in an external warehouse; the Customer may not object to this.
10.4 Signing the receipt form upon collection of the tyres/wheels confirms that they have been handed over correctly and without any further defects. This means that they are deemed to have been accepted by the Customer. Alpha Pneus is not liable for any defects discovered at a later date.
10.5 If a Customer fails to collect their tyres or have them refitted to a vehicle, or fails to pay the storage fees within two seasons, Alpha Pneus reserves the right to consider that the Customer has abandoned their tyres/wheels.
10.6 In this case, the storage contract shall automatically terminate and Alpha Pneus shall become the owner of the tyres/wheels, without prior notice, information or compensation.
10.7 The storage service is payable in advance, per season, upon the fitting or collection of the tyres or wheels by the Customer.
10.8 In the event of non-collection or non-refitting, storage fees for previous seasons will be invoiced following the disposal of the tyres, if applicable, including any associated costs.
10.9 The Customer may collect their tyres at any time by appointment, to be arranged at least three working days in advance.
10.10 In the event of the Customer interrupting the current tyre or wheel storage season, the storage fees for the period in question remain fully payable to, or retained by, Alpha Pneus.
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Article 11: Customer Liability and Access to the Premises
11.1 Alpha Pneus’s Customers are responsible for their conduct when driving their vehicle on the company’s premises.
11.2 For safety reasons, Customers are not permitted to enter the workshop whilst work is in progress.
11.3 Any Customer who breaches the rule set out in clause 11.2 shall be solely liable for any potential damage that may result from such behaviour, whether to themselves, their vehicle, a third party, a third party’s vehicle, an employee or director of Alpha Pneus, a vehicle belonging to Alpha Pneus, or Alpha Pneus’s premises; this list is not exhaustive.