Terms and conditions

ARTICLE 1 – APPLICATION OF THE TERMS AND CONDITIONS

The products sold on the trackconnect-pro.michelin.com site are reserved for professionals. Any order presupposes the Customer’s full and unreserved acceptance of these general terms and conditions of sale. The sales contract is subject to French law.

ARTICLE 2 – ORDER

2.1 Ordering by internet

The customer places an order on the website and consults the summary of the order before validating the order. APR sends an acknowledgement of receipt of the order as soon as possible and then an order confirmation by e-mail within a maximum of 2 working days. This confirmation constitutes definitive acceptance of the order. The information communicated by the buyer when taking the order is binding on the latter. In the event of an error in the wording of the addressee’s contact details, APR shall not be held responsible for the impossibility of delivering the product. Any additional costs resulting from the customer’s errors shall be borne by the customer.

2.2 Ordering by telephone or mail

The customer who does not wish to order online has the following means of ordering:

  • By telephone in French or English on 04.73.24.24.24 from Monday to Friday from 9:00 to 12:00 and from 14:00 to 18:00.
  • By mail in French at the following address: APR – Parc Logistique – 3, rue du Pavin – 63360 GERZAT – FRANCE.

ARTICLE 3 – DELIVERY

3.1 Place of delivery

The place of delivery will be indicated by the customer in the order in the delivery section.

3.2 Modes of delivery

The products are delivered by carrier or collected by the customer from the warehouse at the following address:  APR – Parc Logistique – 3, rue du Pavin – 63360 GERZAT – FRANCE

The products are delivered to the delivery address indicated by the customer on the order form and can only be given to the recipient against signature of the delivery slip. In the event of the recipient’s absence at the time of delivery, a delivery notice will be left at the delivery address indicated by the customer. The products will have to be collected at the address indicated according to the terms and conditions specified on the delivery notice. In case of non respect of the appointments fixed with the customer, the resulting additional costs will be at his expense. If the products are not picked up within the time limits specified on the delivery note, they shall be returned to APR, which shall refund the price of the products, the shipping costs (outward and return) remaining at the customer’s expense.

3.3 DELIVERY TIMES

Except for special delivery conditions specified in the product description sheet, the delivery times are those specified for each product. A faster delivery may be requested by the customer and must be expressly accepted in writing by APR. In this case, additional charges may be applied. Late delivery shall not give rise to the payment of damages and interest, and shall not engage the responsibility of APR.

Any modification of an order shall give rise to a consequent change in the deadlines.

The following are considered as cases of force majeure discharging APR from its obligation to deliver: war, riots, fire, strikes, accidents, impossibility for APR to be supplied, interruption or delay in transport. APR shall inform the Customer as soon as possible of any delay. APR reserves the right to split deliveries. In the event of a foreseeable extension of the shipping time indicated in the description sheet, APR undertakes to inform the Customer as soon as possible and by any means so that the Customer may then choose to maintain or cancel all or part of the order. In the event of flagrant non-compliance with the deadline mentioned in the description sheet, the customer may cancel his order by sending a registered letter with acknowledgement of receipt. The cancellation will only be taken into account by APR if the shipment or delivery has not taken place between the sending and receipt of the said letter. The customer shall be reimbursed within a maximum of 30 days following receipt of the registered letter by APR. In any event, timely delivery may only take place if the Customer is up to date with his obligations to APR, whatever the cause.

ARTICLE 4 – RECEIPT OF PRODUCTS

The Customer must check upon receipt, the conformity of the products delivered to the products ordered and the absence of apparent defects. It shall be up to the Customer to provide any justification as to the reality of the defects or anomalies observed. The Customer must give APR every facility to proceed with the discovery of these defects and to remedy them. The Customer shall refrain from intervening himself or having a third party intervene for this purpose.

Any complaint must indicate the order number and delivery notes.

If no complaint or reservation is made by the Customer in this respect within 48 hours of receipt of the products, the said products shall be deemed to be in good condition.

APR does not accept any return of goods without prior authorisation. If the product is lost or broken following an unauthorised return, APR shall not refund the product.

ARTICLE 5 – PRICE – PAYMENT

The prices of the products are those of the tariffs in force on the website at the date of the order. The prices of the products do not include transport when the delivery is made in Europe (Schengen area). Charges will be applied when delivery is made outside the Schengen area.

Prices are indicated in Euros excluding taxes.

Payment is made at the time of order by credit card or bank transfer.

The order will only be shipped after the transfer has been received on our accounts.

Delivery costs are borne by the customer, if delivery charges are applicable. The amount of this contribution calculated according to the delivery address, the weight of the package dimensions and the delivery time is indicated, for each item, in the shopping basket on the order summary and on the invoice. Payment in cash by CB, VISA or MASTERCARD credit card.

Secure payment transactions by bank card: APR uses the secure means of payment offered by its banking service provider.

ARTICLE 6 – INTELLECTUAL PROPERTY

The site is the property of APR; Any reproduction in whole or in part, in particular of texts and photographs is strictly forbidden. The reproduction or use of the elements contained in the website may be subject to prosecution. The goods sold by APR are protected by copyright and as designs and models. The Customer may not, under any circumstances, reproduce them under penalty of liability.

All trademarks used by APR remain its property at all times and may not be used by the Customer.

ARTICLE 7 – RIGHT OF WITHDRAWAL (RESERVED FOR CONSUMERS)

In accordance with Article L 121-20 of the Consumer Code, the consumer has a withdrawal period of seven clear days.

However, this right of retraction cannot be exercised for the supply of goods made to the consumer’s specifications or clearly personalised, in accordance with article L 121-20-2. APR therefore informs the customer that the right of withdrawal cannot be invoked for products made to measure or on specific order. The customer may exchange his items or be reimbursed (except for shipping and forwarding costs) by returning the item(s) within 7 French working days from the day of receipt of the goods and up to the shipping date indicated on the return package.

When this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended to the first following working day. To exercise this right of return, the customer must first inform APR by sending a registered letter with acknowledgement of receipt to the address below:

APR

3, rue du Pavin

63360 GERZAT

The customer will receive, in the days following the reception of the mail, a return slip that he must imperatively join to the returned product.

In the absence of this form, the return of the product cannot be processed. The customer must then imperatively return the product(s) to the return address indicated on the return slip.

The right of retraction cannot be invoked if the product has been used or assembled,

Warning: This right of return can only be accepted for products in perfect condition, i.e. not having been used, assembled or tested, in their original packaging, accompanied by all accessories and instructions, a copy of the purchase invoice and any customs documents and the return slip duly completed.

Items returned incomplete, damaged, altered, used, washed or soiled by the Customer will not be taken back except with the prior written agreement of Customer Service.

This right does not apply to personalized products made at the request of the Customer.

In the event that the right of withdrawal is exercised, APR shall reimburse the Customer for the price of the product(s) returned within a maximum period of 30 days from receipt of the return. Reimbursement shall be made at APR’s discretion by crediting the bank account of the card used for payment or by cheque made out to the customer who placed the order and sent to the billing address.

ARTICLE 8 – GUARANTEE – LIABILITY – INSURANCE

The liability of APR is limited to the replacement of the goods recognised as defective, provided that they have not undergone any modification, to the exclusion of any other compensation. APR’s liability shall in any event be limited to the amount of the order.

APR does not guarantee the harmful consequences resulting from improper storage or misuse. APR may not be held liable for direct or indirect damage caused to the Customer.

APR is insured in accordance with ordinary law.

The products offered comply with current French legislation and the standards applicable in France. Outside the European Union, APR shall not be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to you to check with local authorities the possibilities of importing or using the products or services you plan to order.

The characteristics of the products sold by APR may be modified or improved at any time.

APR shall not be held liable for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood, fire, etc.

ARTICLE 9 – FORCE MAJEURE

APR shall not be held liable for non-performance of any of its obligations to the extent that it proves that such non-performance was due to force majeure. An impediment within the meaning of the above paragraph may result from the events listed below, this list not being exhaustive:

  • War, declared or undeclared, civil war, riots and revolutions, acts of piracy, sabotage, etc,
  • Natural phenomena such as severe weather, destruction by lightning, storms, cyclones, earthquakes, tidal waves and floods,
  • Explosions, fires, destruction and breakage of machinery, plants and installations of whatever kind,
  • Boycotts, strikes and lockouts in any form acts of authority, whether legal or illegal.

ARTICLE 10 – COMPETENT COURTS – APPLICABLE LAW – LANGUAGE

The applicable law is French law. All disputes relating to the interpretation and execution of sales of products shall fall within the exclusive jurisdiction of the French courts.

ARTICLE 11 – VAT AND CUSTOMS CHARGES

Customs duties or other local taxes or import duties or state taxes may be payable. These duties and amounts are not within the jurisdiction of APR. They shall be borne by the buyer and are his sole responsibility both in terms of declarations and payments to the competent authorities and/or organisations in your country. We advise the buyer to obtain information on these aspects from his local authorities.