Terms and conditions

These conditions of sale represent the entire agreement between the company Centaure Pneu Service publisher of the website www.toopneus.com (SARL capital 10 000 €, having it's place of business at 1 Rue des Glaieuls, 03200 Vichy, France , registered under the number RCS Cusset 451 900 823, and it's customers.

Before entering into a transaction the customer confirms having read the conditions of sale and accepted same at the moment of clicking on the VALIDATE button of the Caisse d'Epargne SP+ electronic payment terminal or at the time of accessing a customer account at Toopneus.com

1 - PRODUCTS

Items sold by Toopneus are for public and professional customers living in France.

Items are carefully described. Pictures, technical datas, draws, etc... are provided for information only and are non-binding material.

Toopneus.com 's catalog is up to date ; however, despite our best efforts, characteristics or pictures online may not be accurate. In that case, any complaint should be sent in a 30 days delay after the order has been processed. Past this delay, no claim would be admissible except under manufacturer warranty.

Tyres all are brand new, from recent production and are stocked in optimal conditions for rubber.

2- PRICES

Prices are expressed in Euro only.
Prices, as shown on the website, include transportation fees for a pair of identical tyres. For each tyre bought individually, the customer will have to pay a 5.75€ delivery fee, whatever the tyres quantity ordered.
Price as it appears on the website is final, and includes VAT and all taxes.

Price includes:
- tyre(s) order(ed) cost
- handling, packaging and storage costs
- delivery fees (* for France metropolitan, an 10€/tyre extra cost is to add for a delivery in Corsica)
- recycling tax (French "eco-taxe")

Toopneus.com reserves the right to adjut prices according to supply and demand.
Price do not include fitting station fees.

3 - ORDER

3.1 To place an order:

To place an order:

- online: by adding selected tyres to the basket, and processing through identification, delivery information and payment (all payment solutions including by credit note)

- by post: by sending the order sheet printed, signed and including the money order for Toopneus.com. The order will be validated and confirmed once the payment will be received.

Toopneus.com do not accept any other way to place an order.

The customer confirms, at the time of ordering, having read the Specific Conditions of Sale displayed on the screen (description, price, quantity, specific product information and the cost of delivery to the stated address or to a Toopneus.com suggested fitting centre) and to accept same without reserve.

The transmission of an order and the confirmation of same by the customer constitutes full and entire agreement with the Specific Conditions of Sale, exclusively applicable to the order.

3.2 Order accuracy

Informations regarding customer as name, address, phone number, email address, etc... are binding. Same conditions apply to items added to the basket (brand, type of tyre, size, quantity, etc...).

In case of customer's mistake (on delivery address, or regarding the tyre size, etc...), it has to be notified by email to Toopneus.com Customer Services Dpt (service-clients@toopneus.com) within an (1) hour.

If the order is already validated and/or processed, the customer has to refuse the parcel at the delivery time.
The following conditions will apply:

- If parcels are refused: a 25€ (twenty-five) Euros flat-rate for transport and handling will be charged before refund ; 35€ (thirty-five) for deliveries in Corsica
As soon as the parcel refusal is confirmed by courier, Toopneus.com will refund the balance within 30 (thirty) days by a credit note on customer's account. A refund by cheque will be possible, the customer will have to ask for it by sending an email to service-clients@toopneus.com.

- If parcels are delivered: a 20€ (twenty) Euros fee/tyre applies and the customer will have to organize and pay himself for the tyre returns.

As soon as the tyres are received in Toopneus ' depot, Toopneus.com will refund the balance within 30 (thirty) days by a credit note on customer's account. A cash refund will be possible, the customer will have to ask for it by sending an email to service-clients@toopneus.com.

Any lack of information about the delivery address or identification, leading to incorrect delivery or a parcel loss, will not be Toopneus.com's responsibility.

* Please note that the delivery is made by courier, your address need to be exact and accurate in order to be delivered in short delays and without any difficulties.

3.3 Availability order

Toopneus.com will deal with orders placed on the website within stock limits and within 'sale at a loss' level. If order is unavailable, Toopneus.com will notify the customer promptly and find a proper solution (different products, credit note, refund, ...)

3.4 Order validation

After payment, customer will receive within a max. 24 hours delay an email to confirm his order. Email will be sent at the address provided by the customer when he opened his account. (IMPORTANT: make sure to inform us with a valid and well-typed email address.)

3.5 Order cancellation and withdrawal

3.5.1 Order cancellation and withdrawal

Toopneus.com may cancel an order if, between order validation and its payment, products price have increased. On such a case, refund will be made by credit note or by cheque, depending customer's wishes.

Toopneus.com may also cancel an order if products are out of stock without any replenishment delay. On such a case, refund will be made by credit note or by cheque, depending customer's wishes.

The customer may withdraw his order by using his legal right to do so. If the customer decides to use his right to withdraw before delivery but after the order has been processed and/or shipped, art. 3.2 conditions apply.

3.5.2 Withdrawal and products return

As defined by French Code de la Consommation art. 121-20, customer has 7 (seven) days to withdraw and return merchandise to Toopneus.com from the moment the delivery has been made and signed by the customer (date as postmark).

The customer must inform Toopneus.com Customer Services Dpt his withdrawal intentions by post, by email or by filling the proper form on his signed-in account (not by phone call) and check the return address. Return products will be organized and pay by customer only.

To be eligible, products return must meet all those criteria:
- products should be returned as brand new as delivered, cleaned, packed and under no circumstances have ever been installed, altered or used
- full order must be returned

If all those conditions are fulfilled, a refund will be made by credit note or by cheque, depending customer's wishes within a max. 30 (thirty) days delay after products ' return.
A 20€ (twenty) Euro/item return fee will be charged and deduced from the total amount refunded.

If one of those conditions is not fulfilled, Toopneus.com has the right to refuse any return.

3.6 Security and fraud control on Internet

To secure all transactions and avoid fraud, Toopneus.com may asks for additional personal informations as ID copies, proof of address and any other required document to ensure a trusted transaction. If the customer do not send documents as required (or if documents cannot fully guarantee customer's identity) within 5 (five) days delay after requested, the order will be automatically cancelled.

Toopneus.com may refuse any order for legitimate reason by following French Code de la Consommation, art 122-1.

4 - PAYMENT

You can pay online by CB, Visa or Mastercard highly secured solutions.
You can pay by money order, sent by post.
Money order has to be in Euros only and order will be processed and shipped once Toopneus.com receive payment.
The customer has the choice between Caisse d'Epargne, CIC or 1Euro.com online payment solutions.

4.1 Paying by CB - informations about 3dSecure

3-D Secure is a protocol used as an added layer of security for online credit and debit card transactions.
It was developed by Visa to improve the security of Internet payments.
This system requires an additional security control. It's a personal information, for more details the customer's bank should be contacted.

It maybe an additional pin code (provided by the bank), a secret question/answer or personal data like date of birth, ect...
All questions related to 3S Secure must be dealt with customer's bank.

4.2 Paying by money order

The customer may pay his order by money order: he will have to print his order sheet, sign it and return it with money order at:
Toopneus
1 Rue des Glaieuls
03200 Vichy

4.3 Paying with 1Euro.com

Please see details here.

Toopneus.com will proceed with order as soon as payment will be confirmed by 1Euro.com.

5- DELIVERY

Delivery country must be in France metropolitan or Corsica.
Deliveries are made by courier, and organized by Chronopost company ; it's not possible to take an appointment for delivery neither request special schedule preferences.

5.1 COSTS

Delivery is included for any pair of identical tyres to deliver in France.
For tyre bought singly, a 5.75€ (five euros seventy-five cents) flat rate will be charged, whatever quantity ordered.

5.2 DELIVERY

Most of the time, order is prepared and shipped within a 24hours delay after its payment, except on exceptional circumstances.
After been processed, order is taken care by courier within 48 to 72 hours*.
Delays are given for information only.

Toopneus.com will do its best to deal with each order within a very short delay. However, Toopneus.com will not be responsible for late or wrong deliveries if it is a result of incomplete or wrong address informations provided by the customer.

5.3 PARCEL RECEPTION

It is customer responsability to check parcels before signing for it (brand, size, for quantity: see art.5.3.2).

5.3.1 PROCESSING ORDER MISTAKE

If the products shipped do not match with customer's order, it is client's responsability to REFUSE the parcel and contact Customer Services Dpt within 7 (seven) days delay. Once refusal has been notified to Toopneus.com, and confirmed by courier, a new shipment will be send. In that case, customer will not have any penalty.

If the customer is not present at delivery time, he will have to pick up parcels at post-office. The customer must check there before taking the products if the shipment match his order. If it is not the case, it's customer responsibility to REFUSE the parcel and contact Customer Services Dpt within 7 (seven) days delay. Once refusal has been notified to Toopneus.com, and confirmed by courier, a new shipment will be send. In that case, customer will not have any penalty.

If the customer accepts parcels and then realized that the shipment does not match the order, it is client's responsibility to organize and pay for return and transport back for the tyres. Moreover, a 20€/item (twenty Euro) fee will be charge for transport and handling and deduced from the balance due to the customer.

5.3.2 PARTIAL DELIVERY

If delivery is incomplete, (for example 2 tyres instead of 4), the customer must accpet the parcel BUT notify and note on the delivery receipt that 2 tyres are still pending.

Parcels are sometimes separate and not deliver at the same time. If it is the case, usually the pending parcels are delivered the next day. The customer still have to put a reserve on his delivery.

It is customer's responsibility to advise Customer Services Dpt within 7 (seven) days delay by post, by email or by filling the form on the website (not by phone call).

IMPORTANT: if a parcel is REFUSED because of the quantity, a 25€ (thirty-five Euro) fee will be charge for INJUSTIFIED refusal for France metropolitan, 35€ for Corsica.

Once partial delivery is notified to Customer Services Dpt, urgent procedures are taken to retrieve and complete delivery as quickly as possible.


5.3.3 DELIVERY ON FITTING STATION

Delivery in fitting station is possible and recommended. Fitting stations rates are reported for information as provided by those partners. Fitting stations data is updated on a regular basis to provide accurate informations.

Toopneus.com is working with a large fitting stations network, most of them allow delivery on their station. If a customer do not find any station near by his address, he may contact his own mechanic and ask to be delivered at his shop.
With his permission, customer may indicate in 'other address' his mechanic's complete informations (address, phone number, etc...)

Whatever the fitting station chosen for delivery, it is customer's responsibility to call and make sure the station would be open at the delivery period (it may happen that fitting station do not update their data regarding holidays schedule).

If delivery in fitting station do not match the order, it is customer's responsibility to realize it BEFORE fitting. (If tyres are altered in any way it will not be possible to return it.)

On that case, Toopneus.com will organize pick-up and new delivery free of charge for customer.

6- WARRANTY and LIABILITY

Customer is expected to respect law and safety regulations (inflation, pressure, ...) and also to respect proper storage and fitting conditions.
Toopneus.com shall have no liability if damages occured after fitting and/or tyre's use.

6.1 WARRANTY and latent defect

If customer discover any defect, it shall be liable to proove it. Defect should be reported by a fitting tyre professional, sent by post or by mail within a max. 7 (seven) days delay after fitting.

Products will be expertised by manufacturer whom will have full authority to recognize the defect.

If customer prooves the defect,Toopneus.com shall legally repare damages, depending Court decision, but he shall do it under short delays once the defect is discovered.

IMPORTANT: hernias and small defects on sidewall, on tyres already fit and already used (once driven it is considered as used) are not applicable as latent defect neither by manufacturer nor Toopneus.com.

6.2 MANUFACTURER WARRANTY

All products sold by Toopneus.com are under manufacturer warranty.
This warranty covers tyre replacement if manufacturer expertise is conclusive.

There will be no exchange nor replacement if defect is related to a non-respect of law and safety regulations (inflation, pressure, ...) or bad storage and fitting conditions.

The shipment to manufacturer will be borne by the customer. Transport expenses will be refundable if the expertise by manufacturer is conclusive. A request for refund should be sent by mail within a 30 days max. delay after manufacturer's answer, and a receipt should be attached to that request.

If dispute happens after tyre has been fit and drove, Toopneus.com will exchange or refund the product only if manufacturer has recognized the manufacturing defect.
No tyre will be loaned during the expertise.

7- LITIGATIONS

This contract is under French legislation.
Toopneus.com shall be under no liability for damage of any kind, that could result from improper use or malfunction. This also applies for any change of product made by manufacturer.

Toopneus.com shall be under no liability for any customer's order inaccuracy.

In the event of concern in the application of this contract, Toopneus.com will welcome amicable solution before further steps.

Search for an amicable solution does not stop the “short time” of the legal guarantee, nor the contractual warranty period. It is also pointed out that in general rules and subject to the appreciation of the courts, the respect of the provisions of this contract relating to the contractual guarantee supposes that the purchaser uses the products in a normal way and that no third not approved by the salesman or the manufacturer intervenes for the operations of assembly.

The complaints or disputes will be always received with benevolence and will be considered with attention, the good faith being always supposed at that which takes the trouble to make a statement on its situation.

In the event of litigation, the customer will address himself in priority to Centaure Pneu Service to obtain an amicable solution.
Failing this, the Commercial court of Cusset is the only qualified one, whatever the place of delivery and the mode of payment accepted.

8- RETENTION-OF-TITLE

Centaure Pneu Service, Toopneus.com's editor, expressly reserves the property of products delivered until full payment of their price in the main thing and interests.

The simple handing-over of a title of payment does not constitute a payment. The provisions above do not make obstacle with the transfer to the customer of the risks of loss or deterioration. In the absence of integral payment, the company Centaure Pneu Service editor of the site Toopneus.com will have the right to require the restitution of the delivered products. The expenses which could be engaged for this restitution will be customer's responsibility.

In the event of nonpayment by the Customer, and without damage of its other rights, Toopneus.com will require by registered letter the restitution of the products to the expenses of the Customer until execution by this last of the totality of engagements.

9- PRIVACY POLICY - "IT & Freedom" act n° 78-17 of January 8 1978

Informations provided by customer are saved on Toopneus.com's database and are treated with utmost confidentiality and greater security.
Toopneus.com will not reveal any of this personal informations to third parties unless it is necessary for the execution of these terms and conditions.

In accordance with the Data Protection Act of the 6th January 1978(amended on the 6th August 2004) customer has the right to access, modify, rectify and delete this personal data by contacting the website's editor. Being a strictly personal right, the right of access and of correction could be exerted only by its holder justifying of its identity or by his legal representative if it is of a minor or a major incompetent.
To contact us : service-clients@toopneus.com

Customer is aware that, when he is accessing Toopneus.com, information will be temporarily stored on his hard disk in order to allow the follow-up of the navigation on the website. Customer admits being aware of this practice and authorizes Toopneus.com to do so.

Customer is aware that its browser has features which allows to block cookies, to be alerted before allows cookies or to erase them.

10- LEGAL VALIDITY

The legal inefficiency of one of this Conditions and Terms clauses does not involve in any way legal nullity of the other clauses.

Last update: 31th August, 2010 9.35 am