General terms and conditions
§ 1 Contract conclusion/order transaction
Via our web shop, you have the possibility to order the articles presented via an Internet schedule or via telephone. As soon as you gave us the informations required during the order transaction and sent the order, you give us an obliging offer, the order via telephone or Internet schedule develop hereby the same legal efficacy. The customer states he has read and accepted these general terms and conditions before placing an order. Placing an order is considered as acceptance of these general terms and conditions. The receipt of the order will be confirmed with an arrival notice, which presents however no acceptance of the order. The contract will be effective with receipt of the articles and with your acceptance, at the latest however at the end of the deadline for returning goods of 30 days.
§ 2 General delivery and payment conditions
As of 2 identical articles the orders are free of transportation charges, for a single article we charge 5,50€; only motorcycle tires are always free of transportation charges. Please settle the payment conditions by mail with our accountancy. For supplies abroad we reserve the right to limit the choice of the payment methods.
§ 3 Right of rescission
We want you to be satisfied with all the supplies. That’s why you have the possibility to return every article bought from Rotyre within 30 days, provided they haven’t been set or even been used or show other traces of use. This offer exceeds the legal conditions, according to which the right of rescission constitutes only two weeks after the receipt of the articles.
The rescission has to be addressed by:
In the context of your cancellation request, we ask you to tell us voluntary the reason for the return and we will accumulate any information which is necessary for a fast and efficient treatment. To avoid any trouble with the return of the articles, we will collect them at your warehouse and generate a credit note, if necessary, after the receipt of the articles. So you don’t need to send any articles to our administrative center in Esch/Alzette (the indication of the address is regulated by law). Our offer for the rescission doesn't include however the shipping coasts. If you want to return articles at your own request and not as a result of a mistake made by Rotyre, we will charge 10% of the total amount and 15€ per parcel. Please use our transport packaging and protect the articles against damages. They have to be clean and bound in pairs. (Excluded are of course tyres which are delivered individually). Please make sure that the front and back side of wheels are sufficiently protected. For damages caused by inadequate use or defective packing we reserve the right to claim for indemnification. The transport companies will only accept articles with enough packaging. If you refuse the acceptance of the goods, we will charge 10% of the total amount as re-storing charges.
§ 4 Legal impact of rescissions
In the case of an effective rescission, the performances received and emoluments taken on both sides (f. ex. interests) are to be returned. If you can’t return all or part of the performances received or only in a declined condition, you have to compensate in this respect the lost value. Deterioration that is caused by the object being used in accordance with its intended use is not taken into account, so please use the objects not as your property and avoid everything that can derogate them. Only objects which are eligible for shipping are collected.
§ 5 Reservation of proprietary rights
We reserve the property in all the articles delivered by Rotyre, until every outstanding requirement against you or the person who accepted the articles is fulfilled. This applies for requirements in the future too. For the enforcement of the reservation of proprietary rights we are allowed to demand the immediate delivery of articles in the exclusion of any right of retention, except counterclaims which are legally discovered or unquestioned.
§ 6 Warranty for defects on our webshop
We present our web page in a configuration favored by us. We don’t ensure that this web page comes up to your expectations and is available at any time, without interruption and is up-to-date and free from defects. The use of this web page happens at your own risk; especially for the results attained through the use of this web page and for the rightness of informations received via our web site we don’t assume liability.
§ 7 Conservation of the intellectual property rights
The texts, images, sounds, graphics, animations and video clips as well as their disposition on our web page are covered by the copyright law and other protective laws. Without our agreement the content of this web page can’t be copied, spread, changed or made accessible for third parties. Our web page contains moreover images which are covered by the copyright law for third parties. Except as noted otherwise, all brand labels on our web page are trademarked.
§ 8 Information responsibilities
During the registration you have to give particulars concerning your address and your name which are saved in our system. Of course you have the possibility to change these informations during the order transaction or later via e-mail at email@example.com. After the registration you receive a login and a password for your account. You have to make sure that your login and your password aren’t accessible to a third person. You are bound to inform Rotyre immediately of any abusive use of your login or password. Both contract parties have the possibility to cancel the account at any time and without any reason. In this case Rotyre will put out of service your account.
§ 9 Legal protection
Only the law of Luxembourg is effective.
§ 10 Rim orders
- There is no claim to transport damages after receipt of goods
- Already mounted wheel rims are excluded from being returned
- Defective or contaminated packaging is excluded from being returned
- Wheel rims damaged due to personal negligence are excluded from being returned
- In the event of fault on the part of Rotyre (configurator) a guarantee can only be provided if points 1-4 have been ensured, otherwise the wheel rims will be sent back to the customer, and the shipping costs will be charged.
§ 11 Data protection
Rotyre s.à r.l. is responsible for the processing of the personal data transmitted via this registration form. The data provided by the customer are stored in the system in order to successfully complete the registration. Only the most necessary information is forwarded to third parties (such as supplier, transport company) in order to guarantee successful deliveries of ordered goods. An affected person may at any time exercise his right to privacy (see http://www.cnpd.lu) and modify or remove the personal data at Rotyre s.à r.l. by email to firstname.lastname@example.org.
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