Website publication and entry into force date 20/03/2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PLACE AN ORDER: THEY EXPLAIN THE BASIS UPON WHICH YOU WILL ENTER INTO A LEGALLY BINDING CONTRACT AND SETS OUT BOTH PARTIES OBLIGATIONS.
1.1. These general terms and conditions of sale (hereafter the "Terms and Conditions") shall apply to the purchase of one or more tyres marked with the trademarks of the Owners, as defined in section 11 below (hereafter the “Product(s)”) via the e-commerce UK section of the website shop.pirelli.com (hereafter the “Site”) by users falling within the definition of "Buyers" pursuant to section 1.2. below. The Site is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT No, and Milan Business Registry Enrolment No. 02912880966 (hereafter the "Seller").
1.2. The parties involved in the purchase of Products via the Site shall be the Seller, and the party purchasing one or more Products:
1.2.1 for reasons other than in relation to the profession, business, trade or craft conducted by that party or that of another party, (hereafter the "Consumer"); or
1.2.2 in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the “Professional”).
The Consumer and the Professional shall both be referred to as the “Buyer” and the Seller and the Buyer shall be referred to jointly as the "Parties".
1.3. Any communication by the Buyer in connection with and/or in relation to the purchase of the Products, including, but not limited to any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, where applicable, shall be made to the addresses set out under the "Contacts Us" section of the Site or to the email address email@example.com (hereafter "Customer Contact Centre"). The Customer Contact Centre is managed by Pirelli UK Tyres Limited (“Pirelli”) on behalf of the Seller. Any communication from the Seller to the Buyer shall be by telephone or in writing sent to the Buyer at the email address or postal address provided either during the Site registration or purchase process. When using the word “writing” or “written” in these Terms and Conditions, this includes email.
1.4. All purchases are regulated by the Terms and Conditions published on the Site at the time the order is submitted by the Buyer. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5. The Site deals in retail sales and, as such, is designed for domestic and private use by Consumers and primarily Consumers are intended to submit orders via the Site. In the event that an order placed by a Professional is accepted, these Terms and Conditions shall be amended as set out in section 18.
1.6. After submitting the order, an acknowledgment of the order shall be sent by e-mail to the address provided by the Buyer during the Site registration or purchase process.
1.7. Buyers must be aged 18 or over in order to make purchases on the Site and have legal capacity. The Buyer warrants that it complies with these requirements.
1.8. The Buyer shall be responsible for any costs incurred to connect to the Site via the internet, including any telephony costs incurred by the Buyer with their service provider.
2.1. The Products are sold by the Seller with the features described on the Site and in accordance with the Terms and Conditions to the exclusion of all other terms or conditions. The main characteristics of the Products are provided in each Product fact sheet on the Site. Any samples, drawings, descriptive matter or advertising issued by the Seller and any descriptions of the Products or illustrations contained on the Site are published for illustrative purposes only. The images and colours of the Products on sale on the Site may vary and/or not correspond to the actual Products due to the internet browser and monitor used. As a result these representations shall not form part of the contract or have any contractual force.
2.2. The coloured areas on the Products have limited resistance to abrasions (including high-pressure washing or automatic car washing). A variation in colour may occur depending on the amount of exposure to direct sunlight. Any damage of an aesthetic nature to the coloured areas does not affect the reliability or performance characteristics of the Products in any way. For the cleaning of the coloured areas, no aggressive or abrasive agents (such as brushes, detergents, solvents, waxes and/or acids) should be used.
2.3. The Seller reserves the right to amend all or part of these Terms and Conditions at any moment in time and as its own discretion and will give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to orders placed from that date onwards.
2.4. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. The Buyer is advised to check the details of the order before submitting the order, pursuant to section 3 below. If the Seller makes any changes to the price or main characteristics of a Product after the Buyer has placed an order to purchase such Products, the Seller shall inform the Buyer and obtain the Buyer’s consent to the changes before confirming the order.
2.5 The Seller may change the Products to reflect changes in relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements.
2.6 Users from all over the world can access this Site, however the Products available on the Site can only be purchased by users who request delivery to the United Kingdom.
3.1. Each order submitted by the Buyer to the Seller via the Site is subject to these Terms and Conditions. By placing an order with the Seller, the Buyer fully accepts the Terms and Conditions without reservation. Before ordering any Product from the Site, the Buyers will be asked to read these Terms and Conditions carefully, in particular section 10 concerning cancellation rights, and to print off a copy of the same by clicking on the “print” function on their computer and to save or keep a copy of the same for their own records. Buyers will also be asked to provide accurate details and check and correct any errors in their personal data submitted during the order process.
3.2. The Seller will send an acknowledgment of the order to the Buyer by email following receipt of an order made through the Site. Acknowledgment of receipt of an order does not mean that the order has been accepted or that a contract has been entered into.
3.3. A contract for the purchase of a Product is made when the Seller sends an e-mail to the Buyer confirming that the order has been accepted ("Order Confirmation"). The Order Confirmation will include a pdf of the Terms and Conditions, a summary of the order placed, including the price (inclusive of shipping costs and applicable duties, if any), along with a description of the Product.
3.4 If the Seller is unable to accept the order, it will inform the Buyer of this, in writing, and the Buyer will not be charged for the Product.
4.1. The Products displayed on the Site can only be purchased by selecting a Product and adding it to the virtual shopping cart. With each order the Buyer may purchase, a maximum of four (4) Products. Once the selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Buyer will be asked (i) to register with the Site, providing details as requested, or, (ii) where already registered, to log-in, or (iii) to provide their details , so that the order can be completed. If the details on the order are different from those provided during the Site registration phase, the Buyer will be asked to confirm the details (by way of example and not limited to: name, surname etc.), as well as the billing address and a telephone number on which the Buyer can be contacted. The Buyer will be shown a summary of the order to be processed, and will have the opportunity to change or correct the contents. At this point, the Buyer will be required to carefully read and expressly approve the Terms and Conditions by ticking the relevant check box and, finally, confirm the order by pressing the "BUY" button; this will send the order to the Seller with the consequences illustrated under section 3.2 of these Terms and Conditions. The Buyer will also be asked to pay by either debit or credit card and he/she will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check and verify the personal details provided by the Buyer for accounting and administration purposes. The purchase price will be charged to the Buyer when the Seller sends the Order Confirmation. The Buyer will also be asked to choose the Pirelli authorised dealer ("Authorised Dealer"), from those listed in the specific area of the Site, for where the Products are to be delivered and who are trained by Pirelli to fit the Products to the Buyer’s vehicle. These Terms and Conditions do not apply to the contractual relationship between the Buyer and the Authorised Dealer for the necessary fitting services. The information provided by the Buyer when placing the order will be used to issue the invoice to the Buyer.
5.1. Whilst the Site generally states whether or not the Products are available and the estimated delivery times, such information is purely indicative and is not binding on the Seller.
5.2 The Seller shall use its reasonable endeavours to comply with the delivery times set out in the Order Confirmation and, in any event, shall deliver the Products within a maximum of 60 (sixty) days - or any other different term agreed by the Parties in writing - from the date of the Order Confirmation. If the order cannot be processed by the Seller, within the timing set forth in the Order Confirmation, the Seller shall notify the Buyer in writing and the Buyer shall either:
5.2.1 specify a further delivery time that is appropriate in the circumstances; or
5.2.2 terminate the contract and the Seller will refund the amount already paid within 14 (fourteen) days, using the same means of payment used by the Buyer to purchase the Product.
5.3. If the Buyer elects, in accordance with section 5.2.1, to specify a further delivery time and the Seller fails to deliver the Products in accordance with this delivery period, the Buyer is entitled to terminate the contract and the Seller will refund the amount already paid within 14 (fourteen) days, using the same means of payment used by the Buyer to purchase the Product.
5.4 The Products ordered by the Buyer will be delivered to the Authorised Dealer selected by the Buyer when making the order. The Buyer will receive confirmation by email of the date on which the Products are available at the premises of the chosen Authorised Dealer. Before fitting is carried out, the Buyer shall promptly check that the delivery is correct and in accordance with the order, it includes all and only the purchased Products, and the Buyer will notify the Seller of any faulty Products received or any discrepancy between the order and the Products actually received, following the procedure and timing referred to in Section 9 of these Terms and Conditions.
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Buyer. Product prices shown on the Site are in pound sterling and inclusive of the costs of standard packaging, shipping costs, VAT (where applicable) and any applicable duties. Product prices do not include fitting costs. The maximum fitting costs that may be charged by the Authorised Dealer shall be published on the Site at the time the Products are ordered.
6.2. The total price payable to the Seller (excluding the fitting costs) will be indicated in pound sterling in the order and set out in the Order Confirmation.
7.1. Payment for the Products purchased on the Site will be taken at the same time that the order is accepted by the Seller and when the Order Confirmation is sent from the Seller to Buyer.
7.2. Payments for orders placed on the Site, shall be made by debit or credit card on the conditions provided below.
7.3. When payment is by debit or credit card, the Buyer will be transferred to a secure site and the credit card information will be communicated directly to Global Collect Services BV, with registered office in Amsterdam (The Netherlands), Planetenweg Street 43-49, 2132 HF, Hoofddrop, Chamber of Commerce of Amsterdam registration number 34140462, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data will remain inaccessible even for the Seller.
7.4. The invoice/tax records relating to the purchase will be sent to the Buyer (where legally required), in electronic format to the e-mail address provided by the Buyer.
8.1 The Buyer shall be entitled to end the contract for any of the reasons set out below, upon which the contract will end immediately and the Seller will provide the Buyer with a refund in full for any Products which have not been supplied. The reasons are:
8.1.1 the Seller has advised the Buyer about a change to the Product that the Buyer does not agree to (as per section 2.4);
8.1.2 the Seller has advised the Buyer about an error in the price or description of the Product;
8.1.3 there is a risk that supply and delivery of the Product may be significantly delayed because of events outside of the Seller’s control (as per section 14);
8.1.4 the Seller has suspended, or is going to suspend supply of the Products for technical reasons; or
8.1.5 the Buyer has a legal right to end the contract because of something that the Seller has done wrong.
8.2 If the Buyer ends the contract for one of the reasons set out in section 8.1, the Seller will be responsible for the costs associated with returning the Products.
9.1. If a Product does not match the description given to it on the Site, is not fit for purpose or is not of satisfactory quality (a "Faulty Product"), the Buyer has the right to reject the Product and cancel the contract.
9.2. If the Buyer cancels the contract because of a Faulty Product within 30 days of delivery of the Product, the Buyer is entitled to claim a full refund of the price paid for the Product, including any delivery or returns costs. As an alternative to a refund, the Seller may offer to the Buyer to repair or replace the Faulty Product.
9.3. If the Buyer cancels the contract because of a Faulty Product within 6 months of delivery of the Product, the Buyer is entitled to a repair or replacement of the Faulty Product. If the Faulty Product cannot be repaired or replaced within a reasonable time, then the Buyer will be entitled to a refund, including delivery and returns costs to the Authorised Dealers, in most cases.
9.4. If the Buyer cancels the contract because of a Faulty Product after 6 months of delivery of the Product, the Buyer may be entitled to some money back.
9.5. To exercise its rights to reject the Faulty Product and cancel the contract, the Buyer must contact the Customer Contact Centre and send the appropriate form available in the “My Orders” page of the Site, clearly indicating the defect and/or non-conformity detected, along with the following information: at least 1 (one) photograph of the Faulty Product, a copy of the Order Confirmation and/or the invoice and then follow the instructions provided by the Customer Contact Centre. The Buyer will be asked to return the Faulty Product to the Authorised Dealer.
9.6. Any refunds due to the Buyer for a Faulty Product will be paid by the Seller without undue delay and in any event no later than 14 (fourteen) days from the date that the Seller agrees that the Buyer is entitled to a refund, using the same means of payment used by the Buyer to purchase the Faulty Product. The Seller may withhold any refund until the Product has been returned to the Authorised Dealer.
10.1. This section 10 applies to Consumers only.
10.2 Except for “BESPOKE” Products under section 10.3 below, the Consumer will have the right to cancel the order for the Products, without having to provide any reason or pay any penalty, at any time within 14 (fourteen) days from:
a) the day on which the Product is received by the Buyer or a person identified by the Buyer to take possession of them; or
b) if several Products on one order are delivered separately, from the date the last Product was received by the Buyer or a person identified by the Buyer to take possession of them.
Where the Consumer wishes to exercise his or her right to cancel an order for the Products pursuant to this section 10.2, he or she shall only be entitled to cancel the entire order.
10.3. The Products made in any colour available under the button "BESPOKE", which differ from those defined as "STANDARD" on the Site, will be specifically manufactured for the Buyer once the order has been accepted by the Seller. They are therefore made to order for the Buyer and the right of withdrawal in favour of the Consumer is excluded.
10.4. To exercise the right of cancellation, the Consumer can send, before the deadline indicated in section 10.2 above, a notice of cancellation to the Customer Contact Centre, expressly stating his/her intention to exercise the right of cancellation, or by using the cancellation form published on the Site.
10.5. On completing the requirements of section 10.4 above, the Consumer will receive a cancellation confirmation email containing, where the ordered Products have already been received by the Consumer, the instructions on how to return the Products.
10.6. In the event that the Consumer has already received the Products, he/she must return it right away and, in any case, the Products must be returned to the Seller within 14 days of the notice of cancellation. Risks and direct costs for returning the Products, as well as proof of return, shall be borne by the Consumer. The Products must be returned to one of the Authorised Dealers indicated by Pirelli or agreed in writing by Pirelli and the Consumer. The Products may be returned to a different Authorised Dealer from the one selected by the Consumer when purchasing the Products.
10.7. If the Consumer exercises their right to cancel within the 14 day cancellation period, the Seller shall refund all payments received from the Consumer, without undue delay and in any event no later than 14 days from the exercising of the right of cancellation. The Seller will make such refunds using the same means of payment used by the Consumer to purchase the Products unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such refund means. The Seller may withhold the refund until the Products are returned to the Authorised Dealer.
10.8. The Consumer is liable for any diminished value of the Product resulting from any handling other than what is necessary to establish the nature, characteristics and functioning of the Product. Therefore, if the returned Product is found to be used or damaged (for instance showing signs of use wear, abrasion, nicks, scratches, deformation, reduction in the tyre tread, etc.), not complete with all parts and accessories or unaccompanied by any of the instructions/notes/manuals supplied, the original packaging and packing, the Consumer shall be accountable for the decreased value of the Product, and shall receive a refund equal to the residual value of the Product. For this reason, it is highly recommended that Consumers do not handle the Product other than as strictly necessary to establish the nature, characteristics and functioning of the same.
11.1. The Buyer acknowledges that he or she is aware that all trademarks, names and other distinctive signs, including - without limitation- the “PIRELLI” letters and logo trademark, the “P ZERO™” trademark, the “CINTURATO™” trademark and (curved lines) trademark, as well as any names, images, photographs, written text or graphics used on the Site or relating to, or shown on, the Products are and remain the exclusive property of Pirelli & C. S.p.A., Pirelli Tyre S.p.A. or their respective owners, as the case may be (jointly and severally, the “Owners”), with no rights arising on the part of the Buyer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. Therefore, unless prior specific consent is granted in writing by the Owners no contents of the Site can be wholly or partially reproduced, transferred using electronic or conventional means, modified or used for whatever purpose, unless permitted by mandatory provisions of statutory law.
11.3 Notwithstanding the foregoing, the Buyer acknowledges that the Owners and Pirelli are not a party to the contract between the Buyer and the Seller in accordance with these Terms and Conditions.
12.2. The Buyer hereby confirms that the personal data provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Buyer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the internet, the Seller does not guarantee that the information or data entered by the Buyer into the Site, even after the Buyer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by debit or credit cards are concerned, the Seller uses the services provided by Global Collect Service BV which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the internet.
14.1. The Seller shall not be liable for any failure to perform, or delay in performance of, its obligations under a contract with a Buyer that is subject to these Terms and Conditions, if such failure is caused by unforeseeable and/or natural events beyond its reasonable control, including, by way of example only, natural disasters, acts of terrorism, wars, riots, power cuts, lack of electricity general strike of public and/or private workers or strikes which restrict the operations of shippers and airline links.
14.2. If an event which is outside of the Seller's control takes place that affects the performance of the Seller's obligations:
a) the Seller will contact the Buyer as soon as reasonably possible to notify the Buyer; and
b) the Seller's obligations will be suspended and the time for performance of its obligations will be extended for the duration of the event. Where the event outside the Seller's control affects its delivery of Products to a Buyer, the Seller will arrange a new delivery date with the Buyer after the event is over, at the cost of the Seller, or the Buyer may end the contract and receive a refund
15.1 If the Seller fails to comply with these Terms and Conditions, the Seller is responsible for loss or damage that the Buyer suffers that is a foreseeable result of the Seller’s breach of contract or its failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Parties knew that it might happen.
15.2 The Seller does not limit its liability for death or personal injury caused by the Sellers negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Buyer’s legal rights in relation to the Products including the right to receive Products which are: as described and match information supplied and any sample or model seen or examined by the Buyer; of satisfactory quality; fit for any particular purpose made known to the Seller and (for Consumers only) for defective Products under the Consumer Protection Act 1987.
15.3 If the Buyer uses the Products for any commercial, business or re-sale purpose the Seller will have no liability for any loss of profit, loss of business, business interruption or loss of business opportunity.
15.4 The aggregate liability of the Seller under the contract howsoever arising (subject to clause 15.2) shall not exceed the value of the sums paid for the Products by the Buyer.
16.1. These Terms and Conditions are governed and construed in accordance with English law and any other law which is mandatorily applicable to Consumers.
16.2. The Buyer and Seller agree that the courts of England and Wales will have exclusive jurisdiction. However, if the purchaser is a Consumer and he/she is a resident of a jurisdiction outside of England and Wales, he/she will be entitled to bring legal proceedings in the courts of England and Wales or the courts of the jurisdiction in which he/she is resident.
16.3. As an alternative to resolving disputes through the courts, the Buyer may, if it chooses, refer its complaint to:
(a) the Retail Ombudsman, which is an organisation authorised to resolve disputes between Buyers and retailers (contactable at: https://www.theretailombudsman.org.uk/contact/ or +44 (0)20 3540 8063); or
(b) where possible, the European Online Dispute Resolution Platform (European ODR Platform) . The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Buyer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to the contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
17.1 The Seller may transfer its rights and obligations under these Terms and Conditions to another organisation. The Seller will inform the Buyer in writing if this happens and it will ensure that the transfer will not affect the Buyer’s rights under the contract. The Buyer may only transfer its rights or obligations under these Terms and Conditions to another person if the Seller agrees to this in writing.
17.2. The contract is between the Seller and the Buyer. No other person or organisation shall have any rights to enforce any of its terms except for the Owners and/or Pirelli.
17.3 Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
17.4. If a party does not insist immediately that the other party does anything that it is required to do under these Terms and Conditions, or if a party delays in taking steps against the other in respect of a breach of the contract, that will not mean that a party does not have to do those things and it will not prevent the other party from taking steps against the defaulting party at a later date.
17.5. All implied terms, warranties and conditions are excluded from the contract to the fullest extent permitted by law.
17.6 Where the Buyer is a Consumer, the provisions of these Terms and Conditions are without prejudice to any rights that the Consumer may have under any applicable consumer protection legislation.
18.1 The provisions of this section 18 shall only apply where the Buyer is a Professional.
18.2 The Terms and Conditions shall be amended as follows:
18.2.1 section 5.2 shall be deleted and replaced with the following wording:
“While the Seller will use its reasonable endeavours to adhere to any agreed delivery date, the time of delivery of the Products shall not be of the essence. The Seller shall not be liable to the Professional in damages or otherwise for any delay in delivery of the Products”.
18.2.2 section 5.3 shall be deleted and replaced with the words “not used”.
18.2.2 section 8.2 shall be deleted and replaced with the words “not used”.
18.2.3 section 9 shall be deleted in its entirety and replaced with the following wording:
“In order to make a claim for a defective Product, the Professional shall fill out a claim form in all its parts and notify the Seller within 24 months of the date of delivery by contacting the Customer Contact Centre and submitting the Product to technical examination by Pirelli's technicians. Where the Seller accepts such claim, it shall, at its sole option, only be required t
(a) repair or replace, at its sole expense, the Product; or
(b) grant to the Professional a price reduction based on the diminished use of the Product as a result of the defect, up to the maximum amount of the price paid by the Professional to the Seller for the Product or, where lower, the reimbursement paid by the Professional to its customer.”
18.2.4 section 10 shall be deleted in its entirety and replaced with the words “not used”.
18.2.5 section 16 shall be deleted in its entirety and replaced with the following wording;
“These Terms and Conditions are governed and construed in accordance with English law and the Parties agree that the courts of England and Wales will have exclusive jurisdiction.”
18.3 The Professional shall not sell or otherwise make available to any third party any Products which show any obvious defects or which are known to the Professional to be, or likely to be, defective.
18.4 The contract formed in accordance with the Terms and Conditions constitutes the entire agreement between the Parties with regard to the Products and supersedes any previous negotiations, representations, warranties, proposals and agreements (whether written or oral).