General Terms and Conditions EASYPNEUS sàrl
Date of last update: 04.11.20191. Scope / General
The general terms and conditions of sale govern the relationship between the company Easypneus sàrl (EASYPNEUS) and its customers. They apply to all purchases made on the site www.easypneus.lu (called hereafter: the site).
The general terms and conditions apply to all EASYPNEUS services to customers whose place of delivery is the Grand Duchy of Luxembourg.
The website is operated by :
EASYPNEUS sàrl, Administrative office: 5, rue des Joncs, L-1818 Howald, firstname.lastname@example.org
EASYPNEUS sàrl is a Luxembourg-registered company, number B223605, capital of EUR 12,000.
VAT identification number for Luxembourg: LU30269910
The customer declares to have gained access to the Site terms, to have read, to have understood the terms and to accept them without limitation or qualification.
Anyone wishing to order on the site will follow a registration procedure allowing him to create his account. Registration and access to services offered by EASYPNEUS are reserved only to natural and legal persons having the capacity to perform legal acts. By accepting the terms, the individual claims having at least reached the age of 18. Registration is free. At the time of registration, EASYPNEUS asks the customer to fill in a form, define a user name and a password. Filling in this form is compulsory and any seizure information must be truthful. Each customer is responsible for updating this data. (see art. 10.1 personal data). Passwords are encrypted and not accessible to EASYPNEUS. The password is strictly personal. The customer is solely responsible for his username and password. In no event EASYPNEUS will be held responsible in case of loss or dishonest use that would result from this. The customer has a tool on the site allowing him to change his address, password, or initiate a temporary password via the 'forgot password' button. The username and password will serve as an identifier to connect to the site the next time and all orders placed using this data will be deemed to emanate from the customer.
The products offered for sale by the company EASYPNEUS are for residential and business customers.
The tyres sold on the site of the company EASYPNEUS bear the approval mark and are new tyres and recently manufactured. Tyres sold by EASYPNEUS come from well-known and renowned manufacturers. EASYPNEUS neither sells second-hand tyres nor 'DOT / old' tyres nor retreaded tyres. The characteristics of the tyres presented on the site may change. Photos attributed to each product are not contractual.
EASYPNEUS ensures that no tyres put on sale on the website are more than 3 years old.
4.3 Use of tyres
Given the specificity and the highly technical nature of products sold by EASYPNEUS, the customer is obliged to strictly observe the requirements and recommendations for safety on the use (certificate of conformity of the vehicle registration certificate, dimensions, tyre speed rating and load, inflation pressure, ...). EASYPNEUS can in no way be held responsible for the incorrect fitting of tyres or a non-conforming use of the vehicle tyres.
The rims sold on the site of the company EASYPNEUS bear the approval mark and are new rims. Rims sold by EASYPNEUS come from well-known and renowned manufacturers.
EASYPNEUS agrees to fulfill orders received on the website only in the limit of available stocks.
Given the volume of daily transactions on the site, EASYPNEUS cannot guarantee absolute availability of products ordered. In the event of a lack of availability of tyres and/or rims, EASYPNEUS contacts the customer as soon as possible to inform him. In this case, the customer can freely choose between a reimbursement of the amounts paid within a maximum period of 30 days or a replacement of the product ordered by another product equivalent to a price equal to the product initially ordered. In case of a modification of the order, EASYPNEUS adjusts the amount overpaid or supplement to pay, depending on the reference chosen and will confirm the customer the modified order by email. EASYPNEUS refunds the difference if the customer has paid too much.
5.1 Control Registration
Orders can only be placed through the website EASYPNEUS. Orders via email, fax or phone are not accepted.
To place an order, the customer must choose tyres/rims via a search engine. Different filters help the customer in this research. The customer must select his products, mention the amount of (or) tyre(s)/rim(s) selected, ordered with or without mounting, select the fitting station with indication of desired appointment or alternative delivery address, fill in the form with contact details (see art. 3 registration), and connect with his user name and password and confirm the order. All products ordered and the delivery location are the subject of a summary before the customer is asked to confirm his order.
If the customer detects an error in the summary information, the customer clicks on the "edit command" button. After modification of the order the customer will receive a new summary of his order. If the information in the summary is correct, the customer is invited to confirm his order. When this is done, the order is recorded.
The online payment via the secure site SIX Payment Services Saferpay™ will be launched. (see Art. 6.2 payment).
The site usually detects the missing information, but does not check the consistency or accuracy of the information provided by the customer. EASYPNEUS cannot be held responsible for the direct or indirect consequences related to a customer's error in the information provided when ordering.
The conclusion of the contract and all communication between the customer and EASYPNEUS will be conducted in Luxembourgish, French, German or English.
5.2 Order Confirmation
Any order summary that the customer has validated is a commitment of the customer subject to the provisions of these Terms and Conditions.
Orders are processed only after receiving and cashing the payment corresponding to the amount of the invoice. Any order whose payment is not confirmed within 24 hours after confirmation of the order by the customer, will be cancelled.
All orders are subject to a confirmation email sent within 24 hours on weekdays after the order has been placed, by email to the email address provided by the customer.
This confirmation of receipt does not constitute acceptance of the order. EASYPNEUS may confirm the order by either sending a separate order confirmation by email within 3 working days and / or by delivering the goods within the designated time.
The customer shall keep a copy of the confirmation of receipt document, which is proof of the order and the contract between the parties. EASYPNEUS systematically conducts archiving evidence of orders and invoices.
5.3 Order Change
The information provided by the customer during the order is considered to be correct. In case of error in the wording of the email address or the recipient's details, EASYPNEUS cannot be held responsible for any inconveniences caused by this. Changes to the delivery address after payment of the order will not be considered. The customer can still ask a change of the shipping address with the carrier.
In this case, EASYPNEUS cannot be held responsible for any errors of delivery or loss of package by the carrier.
No modification of the control elements (size, brand, profile, invoicing or delivery address) is possible after receipt of payment by EASYPNEUS.
If an error occurs on one of these elements, the customer must contact the customer service of EASYPNEUS by the contact form (see Article 8. Retraction: Procedure and conditions for cancellation and refund of the order).
5.4 Refusal of order
EASYPNEUS reserves the right not to accept an order and refuse to confirm it for objectively justifiable reasons (e.g. in case of doubt as to the veracity of the transmitted order, if unexpected large order in quantity, in case of price or stock error, case of recurrent delivery problems to a given address, etc.). In case of refusal EASYPNEUS informs the customer by email.
6. Price and payment
The prices displayed on the site EASYPNEUS are expressed in EURO and include the amount of VAT in force in the Grand Duchy of Luxembourg. EASYPNEUS reserves the right to change prices depending on supply and demand. The price paid by the customer is the one valid at the time of order.
In case of obvious error of price display, EASYPNEUS reserves the right to cancel the sale as to the product concerned. In this case, the customer will be informed as soon as possible by email.
The prices shown include: the price of tyres/rims order, costs of handling, packaging and storage, the transportation costs to the address chosen by the customer or the garage for mounting. Prices do not include installation or any other services at the mounting partner.
Payments are made by credit card, PayPal™ or by bank transfer to the bank account of EASYPNEUS. The credit cards accepted at the site are Visa and Mastercard.
EASYPNEUS offers the secure Saferpay™ eCommerce solution of SIX Payment Services (Europe) SA (former CETREL SA), based in Luxembourg Munsbach and PayPal™ by PayPal (Europe) s.à r.l.& Cie, based in Luxembourg. SIX Payment Services Saferpay™ protects against the risk of fraud and guarantees the confidentiality of credit card numbers.
Data on customers' credit cards will be encoded in a secure window by SIX Payment Services (Europe) SA and/or by PayPal (Europe) s.à r.l.& Cie and are not transmitted to EASYPNEUS. EASYPNEUS will only be informed by SIX Payment Services (Europe) SA or PayPal (Europe) s.à r.l.& Cie of the validity or invalidity of the payment. EASYPNEUS cannot be held liable for payments made by the Customer through Saferpay™ of SIX Payment Services (Europe) SA and PayPal (Europe) s.à r.l.& Cie.
Orders are processed only after confirmation of payment corresponding to the amount of the invoice.
In case of refusal of payment by SIX Payment Services (Europe) SA or PayPal (Europe) s.à r.l.& Cie, the order will be cancelled.
In case of payment by « bank transfer », orders are processed only after receipt of the payment of the amount corresponding to the invoice, in the bank account of EASYPNEUS. As a result, the delivery time may vary depending on the time of receipt of the payment.
Account details of EASYPNEUS:
Banque Internationale à Luxembourg
IBAN : BILLLULL
Bank account : LU64 0024 2101 7741 4800
It is essential that the Customer indicates his order number in the transfer reference or in the field provided for this purpose.
In order to guarantee the order and the price in case of bank transfer, the amount must reach the bank account of EASYPNEUS within 48 hours after the order.
Any order which is not paid within this time frame will automatically be canceled. No matter what type of payment.
6.3. Invoice and communication
The customer agrees that all communication and invoices are sent electronically. The bill will be sent to the customer by e-mail after order confirmation and acceptance of its payment. 6.4 Retention of title Any product delivered remains EASYPNEUS property until complete payment has been received. The customer is therefore required to handle tyres carefully.
7.1 Delivery address
When ordering, the customer will indicate the exact address of desired delivery (home, workplace, garage, fitting center, ...). Delivery is possible to any address in the Grand Duchy of Luxembourg. The customer will ensure that an adult is present at the time of delivery in order to be approved. The delivery service will drop all goods ordered in one place. The goods will be accompanied by a delivery note detailing the delivered goods. The verification of the order by the customer will be made upon delivery. It is imperative that the customer personally checks the tyres/rims upon delivery and before mounting (or asks the professional assembly center to ensure this, see Art. 7.4) to ensure their compliance with the control and compatibility with the vehicle. On error, mounted tyres/rims will under no circumstances be returned or refunded. In the absence of a claim under the terms of Article 8 below, delivered goods will be presumed to comply with the order.
7.2 Shipping costs
Shipping is free, except if the order has only one tyre. In this case the shipping fee is 6,90€.
7.3 Delivery delay
Delivery times are of the order of 3 to 5 working days, unless otherwise stated, and are for information purposes only. Maximum delivery time is 3 weeks from the date of payment. Exceeding a deadline can in no case lead to compensations. Force majeure: If the delay in delivery is due to force majeure (e.g. bad weather, strike, flood, terrorism alert, blocking or closing borders or similar) the obligations of EASYPNEUS may be suspended without EASYPNEUS being liable to the customer for any damage, loss or delay resulting from force majeure. (see also art. 7.8 and 8.3)
7.4 Delivery to a fitting station
The customer has the option of choosing a garage or fitting center as delivery address. In this case the fitting will be carried out at this center. The mounting center will receive information of the ordered tyres/rims, customer contact information (address, email, phone number) and the customer's three preferred dates for the tyre/rim mounting. The garage will contact the customer to confirm one of the three appointments desired or suggest appropriate alternatives. In case the customer has not been contacted by the fitting center or the garage within 3 working days after the beginning of the ordering process, the customer must contact the garage to request confirmation of one of his desired appointments. It is imperative that the customer personally checks himself the tyresRims before fitting (or has this done by the mounting partner), to ensure their compliance with the order and the compatibility with their vehicle. In case of error, mounted tyres/rims will under no circumstances be returned or refunded. Only the assembly center or garage is responsible for the proper tyre mounting execution. The customer will pay the installation fees and other related services (e.g.: recycling old scrap tyres, tyre hotel, car check, TPMS pressure sensors, ...) directly to the garage. The price of fitting tyres and applicable related services are those communicated to the customer when choosing his mounting center on the website EASYPNEUS. EASYPNEUS carefully selects service partners and signs a quality charter with them to ensure the best customer service and best quality mounting benefits. In no case EASYPNEUS can be liable for any damage, loss or quality of services occurred when mounting the tyres/rims at a mounting center or garage.
7.5 Transit advice
The delivery of the ordered products is ensured by a carrier commissioned by EASYPNEUS. If absent on the day of delivery, the carrier leaves a notice in the mailbox of the customer or the chosen mounting center. The customer has to contact the customer service by EASYPNEUS contact form or the transport company no later than three days after the first notice of delivery. After this period, the products will be automatically returned by the carrier. Handling fees and stockpiling amount to € 17.50 including VAT per tyre plus 5% from the amount of the order including VAT are at the customer's expense.
7.6 Partial delivery
In case of missing tyres/rims, the customer or professional assembly center must mention it in writing on the delivery note carried by the delivery person. The customer then has a period of 14 days to inform the customer service EASYPNEUS about his complaint by EASYPNEUS contact form.
In the absence of reservations on the delivery note, no claim will be taken into account neither by the carrier nor by EASYPNEUS.
7.7 Damaged products or non-conformity with the order
In case of delivery of a damaged tyres/rims or of non-conformity with the order, the customer has the option to refuse the delivery, and must mention it in writing on the delivery note carried by the delivery person.
The customer then has a period of 14 days to inform the customer service of EASYPNEUS by contact form or by registered letter with acknowledgment of receipt. In case of delivery to an assembly center, it is imperative that the customer checks himself or asks the professional mounting center to check the tyres/rims before assembly to ensure their compliance with the order. The fitted tyres/rims can in no case be returned or refunded.
EASYPNEUS will take back at his expense any delivered damaged tyres/rims or in case of a non-conformity with the order and send new tyres as soon as possible.
7.8 Late delivery
If delivery did not take place after two weeks from the date of order, the customer must inform the customer service EASYPNEUS by contact form.
A claim will then be opened with the carrier in order to know the reason for the delay. Such a delay can have different reasons, e.g. the carrier does not find the delivery address or is no longer in possession of the latter, the package is not localized or has been delivered to the wrong address. The carrier opens an investigation which may take up to 10 days.
If the parcel is declared lost by the carrier, EASYPNEUS proceeds to a new shipment or a refund of the amounts due according to the customer's instructions.
The customer may cancel the order for any reason whatsoever within 14 days after delivery of the products.
The withdrawal must be in writing, contact form on the site, or registered letter with return receipt addressed to EASYPNEUS.
The law imposes no obligation to mention the reason.
8.1 Cancellation policy
The withdrawal shall be presented within a maximum period of 14 days after delivery of the products.
EASYPNEUS refunds any product returned within the statutory period by deducting the cost of return.
8.2 Conditions for return of tyres
The customer can refuse delivery and inform EASYPNEUS within a maximum period of 14 days after the date of refusal.
If the request for cancellation is made after delivery, removal and return of the tyres/rims will be made by the carrier commissioned by EASYPNEUS. Returning action is not to be done exclusively by the customer.
The tyres/rims must be in their original state, i.e. clean, packed with original manufacturer label, unmounted, without balancing weights and in their original packaging (for rims) and not detached during delivery if they were attached by two. In case of damage due to improper handling or inadequate packaging when returning, EASYPNEUS reserves the right to claim compensation. The transport companies will only accept items with sufficient packaging.
It is imperative that the customer checks himself the tyres/rims before fitting (or has them checked by the professional assembly center) to ensure their compliance with the order and their compatibility with the vehicle. In case of error, mounted tyres/rims can under no circumstances be returned or refunded.
Return and handling costs of € 17.50 including VAT per tyre/rim plus 5% from the amount of the order including VAT are charged to the customer and will be deducted from the refund.
8.3 Non-timely delivery
If delivery did not occur within 21 days following the payment of the order, the customer may cancel the order and get a full refund.
In case a product that is the subject of a cancellation is still delivered after cancellation, the customer is obliged to inform the customer service of EASYPNEUS. The customer should then ensure the availability of this tyre for a return to EASYPNEUS.
EASYPNEUS undertakes to refund any product returned under the conditions indicated above.
Rebates and discounts are not refundable.
Reimbursement will be made within 14 days after receipt of the tyre(s)/rim(s) by EASYPNEUS.
The refund of orders paid by credit card will be through the credit card system to the credit card with which the payment was made or via PayPal if the payment was done by PayPal. The refund of orders paid by bank transfer will be made by bank transfer. In this case, the customer must submit his bank details to EASYPNEUS by e-mail.
Reimbursement may also be exceptionally by wire transfer.
9.1. Tyre Warranty
EASYPNEUS will strive to deliver quality products. Tyres sold by EASYPNEUS benefit from the manufacturer's warranty.
EASYPNEUS will exchange any defective tyre within 14 days if the defect is found at delivery or failure is found during installation, provided that this assembly occurs no later than 14 days after the delivery date.
No claim for breakage or deformation due to incorrect storage of delivered tyres or wrong mounting will be taken into account.
Hernias or small bumps on the slope observed on mounted tyres that have already been used are neither guaranteed by the manufacturers nor by EASYPNEUS.
When a defect is found on the tyre after fitting, the customer must inform the EASYPNEUS customer service by contact form or by registered letter with acknowledgment of receipt and provide a statement signed and dated by the professional garage which noticed the failure of the tyre.
EASYPNEUS then removes the tyre deemed defective and sends it to the manufacturer to do research. The duration of an expertise is usually 8 to 12 weeks.
If the fault is declared as manufacturing defect by the manufacturer, the tyre will be refunded by applying, as appropriate, a rate of obsolescence according to rolled mileage and wearing rate recorded according to the rules applied by the manufacturer.
EASYPNEUS reserves the right to reject any tyre return not complying with the above-stated terms.
Normally a need for replacement tyres, caused by the claimed tyres being sent to the manufacturer for an expertise, is shown by the client. These new replacement tyre(-s) will be charged to the customer. Any claim of the customer to provide free replacement tyre(-s), will be rejected with the mention, that at this moment, there is no certainty about the recognition of the complaint by the tyre manufacturer.
9.2. Rim Warranty
EASYPNEUS will strive to deliver quality products. Rims sold by EASYPNEUS benefit from the manufacturer's warranty.
EASYPNEUS will exchange any defective rim within 14 days if the defect is found at delivery or failure is found during installation, provided that this assembly occurs no later than 14 days after the delivery date.
No claim for breakage or deformation due to incorrect storage of delivered rims or wrong mounting will be taken into account.
10. Legal Information
10.1 Processing of Personal Data
EASYPNEUS has to handle the personal data collected from the customer which will be processed by EASYPNEUS for the purpose of entry into commercial relations and for the purpose of enabling EASYPNEUS to fulfill its legal obligations. The data can be transferred to business partners such as tyre dealers, billing services, transportation companies and marketing agencies of EASYPNEUS and the mounting center or the garage chosen by the customer only for order-processing purposes, delivery of products and / or provision of services ordered by the customer. For the continuous improvement and quality control, EASYPNEUS will send for its legitimate interest, personal data to service providers to determine customer satisfaction, invitations from service providers may be send to customers to respond to evaluations.
Personal data collected by EASYPNEUS are neither sold nor communicated to external contacts for advertising purposes and are treated according to the law of 27 July 2007 on the protection of personal data in the Grand-Duchy of Luxembourg and EU-GDRP.
By accepting the Terms, the customer explicitly allows EASYPNEUS and / or its partner companies to use data determined for the purposes above only. The customer has at all times a right of access and correction of personal data concerning them. He can exercise these rights by accessing his account on the website or by sending a request via the online form to EASYPNEUS.
You have the right to request information from us at any time about the personal data stored by easypneus (Art. 15 DS-GDPR). This also applies to the recipients or categories of recipients to whom this data is shared and the purpose of the storage. In addition, you have the right, under the conditions of Art. 16 DS-GDPR, to correct and / or, under the conditions of Art. 17 DS-GDPR, the deletion and / or, under the conditions of Art. 18 DS-GDPR, the restriction of processing to demand. Furthermore, under the conditions of Art. 20 DS-GDPR you can request data transfer at any time. Personal data is only stored as long as it is necessary for the purpose. The legal obligation to retain records must be complied with.
Unused customer accounts will be deleted after 5 years of inactivity, if there is no further obligation of retention.
In the case of the processing of personal data for the purpose of performing public interest tasks (Article 6 (1) sentence 1 (e) of the GDPR) or for the exercise of legitimate interests (Article 6 (1) (1) (f) DS -GDPR), you can object to the processing of your personal data at any time with effect for the future. In the case of opposition, we shall refrain from any further processing of your data for the aforementioned purposes, unless
- there are compelling, legitimate grounds for processing that outweigh your interests, rights and freedoms, or
- the processing is necessary for the assertion, exercise or defense of legal claims.
You may object to the use of your data for the purpose of direct marketing at any time with effect for the future; this also applies to profiling insofar as it is connected with direct mail. In the case of opposition, we shall refrain from any further processing of your data for direct marketing purposes.
Furthermore, you have the right to complain about us about to the Privacy Commission (CNPD).
To exercise the above rights, please write to EASYPNEUS sàrl, registered office: 5, rue des Joncs, L-1818 Howald, or by e-mail to email@example.com.
10.2 Safety and liability
Data security is guaranteed by the most modern technical means against unauthorized access.
If, despite the technological protection measures put in place by EASYPNEUS, the information on the site and / or the data transmitted by or to the customer were to be intercepted, decrypted, transmitted or used by third parties, altered, modified or deleted EASYPNEUS disclaims all liability for direct or indirect consequences that might result for the customer.
EASYPNEUS disclaims all liability for direct or indirect consequences:
(a) problems related to the accessibility or availability of the site, regardless of the cause;
(b) problems related to the incompatibility of the site with the customer computer equipment, its configuration, its internet connection or in case of failure of the customer's equipment to return the information contained on the site and / or transmitting the information; and
(c) any damage to the hardware and / or software configuration of the customer, as well as data loss resulting from the use of the site; and
(d) any communication between the customer and EASYPNEUS electronic communication, electronic mail, and any defects or viruses.
The customer agrees that any use of the site is his own responsibility. EASYPNEUS cannot be held responsible for any error control or payment resulting from the use by the customer by telephone or electronic communication.
The site may contain links to other Internet sites. EASYPNEUS disclaims all liability for offensive content on these sites.
10.3 Governing law and dispute resolution
These conditions are subject to the laws of the Grand Duchy of Luxembourg.
The original version of the General Terms and Conditions is written in French, administrative language in Luxembourg, and solely this French original version is valid in front of the law. Translations of the General Terms and Conditions in German, English and Portuguese are merely given as information to customers.
In case of arguments, the customer should first contact the customer service of EASYPNEUS in order to find a solution. Failing settlement, the courts of the judicial district of Luxembourg shall have jurisdiction over any argument between the customer and EASYPNEUS.
The customer declares to have had access to the terms, to have read, understood, accepted without reservations or limitations and to have had the opportunity to retain and reproduce them by printing.
The legal ineffectiveness of any of the preceding clauses does not entail the legal nullity of the other clauses.
The parties will endeavour to replace the invalid provision or no effect, as far as possible, for an operative provision preserving the contractual economy and reflecting the original spirit that lies at the base of the terms.
10.5 Intellectual property
The website and all its contents (including graphics, editorial content, and the description of the documents, products and services) are intellectual property of EASYPNEUS s.à r.l. and / or third parties. The site and its contents are protected by intellectual property rights under applicable legislation in force. Only viewing the site and printing on paper for personal use by the customer are permitted. The total or partial reproduction of any database or its contents for purposes other than purely personal is prohibited. The customer shall in no case transmit, reproduce, sell, use or exploit in any other manner any information or materials contained on the site, in any form whatsoever without the written permission and prior expressly formulated by EASYPNEUS.
The same applies for trademark law: The brand EASYPNEUS is filed in different countries. Total or partial reproduction of this brand or logos and icons is prohibited without the express authorization of EASYPNEUS.
The databases contained on the website are protected by the provisions of the code of intellectual property. In particular, the extraction and reuse is prohibited, quantitatively or qualitatively, content databases contained on this website.
The rights of producers of databases is particularly applicable to tyre profiles of references with their selling prices as well as fitting centers and EASYPNEUS garages.
EASYPNEUS strictly prohibits the use of any programme to copy or aspirate the contents of the website except for the browser of search engine companies and robots formally authorized by EASYPNEUS.
The user also may not use programmes that could create unreasonable overload and disrupt the functioning of the site.
10.7 Modification of Terms
EASYPNEUS reserves the right to modify these terms at any time. The changes take effect upon publication, the date of which is given at the beginning hereof. It is up to the customer to consult the General Terms and Conditions before placing any order through the site.
The customer who does not wish to accept the Terms and Conditions as amended, may at any time terminate his contract with EASYPNEUS by closing his account.
11.1 Termination by EASYPNEUS
EASYPNEUS may terminate the terms and customer's access to the services offered by EASYPNEUS without notice if the customer breaches any of the obligations imposed under the General Terms and Conditions.
11.2 Termination by Customer
The Customer may terminate the terms at any time by closing his account.