Delivery Conditions Tyres in Stock

Definitions:

A. For Customers/Clients.

Tyres in Stock BV; Tyres in Stock Nederland B.V., based in Oud-Beijerland under KVK: 53034309
Client: The person with whom Tyres in Stock Nederland BV has entered into an agreement.
Parties: Tyres in Stock Nederland BV and Client together.

Article 1: Applicability of Delivery Conditions.

These delivery conditions apply to all offers, proposals, and agreements regarding the delivery of goods and/or services by Tyres in Stock BV to a legal entity or natural person acting in the context of a profession or business (Client). Tyres in Stock BV does not supply to consumers. Therefore, consumer law does not apply to our deliveries. Deviations from these delivery conditions are only valid if expressly agreed upon in writing. The applicability of any purchasing or other conditions of the Client is expressly rejected. If one or more provisions in these delivery conditions are wholly or partially null and void or declared invalid at any time, the remaining provisions of these delivery conditions will continue to apply in full. In the case of null or invalid provisions, the parties will consult to reach a valid replacement arrangement that preserves the essence of the agreement. If Tyres in Stock BV does not always demand strict compliance with these conditions, this does not mean that the provisions are not applicable, or that it will lose the right to demand strict compliance with the provisions in other cases.

Article 2: Delivery Times

The indicated delivery times never serve as a fatal deadline. In the event of a deadline being exceeded, the Client must therefore formally notify Tyres in Stock BV in writing. Tyres in Stock BV must then be given a reasonable period to still fulfill the agreement. Exceeding agreed delivery times for any reason does not entitle the Client to compensation unless otherwise agreed in writing. Delays with parcel services (GLS/DPD/TNT/DHL, etc.). Deliveries are carried out solely by parcel services. Deliveries depend on current conditions. In case of delays with parcel services or weather influences, it may occur that orders are delivered later than planned. It is also possible that packages are delivered on multiple days. For current delivery information, we refer to the order in the webshop. Here, delivery status can be requested via track and trace.

Article 3: Delivery

The Client is obligated to allow Tyres in Stock BV or the parcel service tasked with delivery by Tyres in Stock BV to carry out the delivery. The Client guarantees at their own risk that:
a. The necessary cooperation for carrying out the service is provided to Tyres in Stock BV.
b. The ordered goods are accepted.
c. The delivery can take place under normal working conditions, on weekdays during normal working hours from 08:00–18:00.

If the ordered goods are offered to the Client for delivery but delivery is not possible due to the Client’s non-compliance with the obligations mentioned in points 1 and 2, acceptance is deemed to be refused. From this moment, the Client is automatically in default without further notice from Tyres in Stock BV being required. The day on which the refusal of acceptance occurs is deemed to be the delivery date of the ordered goods and/or services. The goods are also at the Client's risk from this moment. Notwithstanding the obligation to pay, the Client in the case mentioned in point 3 is obliged to compensate Tyres in Stock BV for any damage suffered due to the refusal, including costs for storage and transport, which last costs will relate to the locally applicable rates. An exception to Articles 3.3 and 3.4 is a refusal due to the provisions in Article 4.2. If a delivery is refused due to visible damage or incorrect products as mentioned in Article 4.2, then 3.3 and/or 3.4 do not apply.

Article 4: Inspection of Goods

The Client is required to check the delivered goods upon receipt for damage and accuracy. Tires are delivered in transparent foil and must therefore be immediately checked for the correct size. If it appears that the foil is so damaged that part of the delivery may be lost, the Client must report this to the parcel service. Rims are delivered in a box to minimize the risk of damage. The boxes must be checked for damages upon delivery. If the box packaging is damaged, this must be reported to the parcel service. Damage to rims must be reported within 24 hours of receipt. If a different product is delivered than ordered, this must also be reported within 24 hours of delivery. Reports must always be made by email with photos as proof, mentioning the order number. If it is found during inspection that the delivered products do not conform to the order or have damage, the Client must refuse the delivery. If it is not possible to refuse the order, the Client must immediately, but no later than 24 hours after delivery, notify us of the incorrect delivery. This must be done by emailing photos of the package to info@tyresinstock.nl, showing the identified defect. The shipping label must also be clearly visible in the photos. If the packages are not refused as indicated in point 4.2, Tyres in Stock BV will arrange for the goods to be returned to the delivery address. If the goods are not ready for pickup, Tyres in Stock BV may charge costs for the re-collection of the goods. The Client must fully cooperate in returning the order.

Inspection of Rims: After delivery, rims must be inspected for damage within 24 hours. If damage is identified after 24 hours, the parcel service, supplier, or Tyres in Stock BV cannot be held liable for any damages. After 24 hours, the risk of damage is deemed to have passed to the Client. Reports of damages must always and only be sent via email to info@tyresinstock.de. Photos must be included as proof. If multiple rims or tires are ordered in one order, they may also be delivered in multiple packages. It is possible that these packages are not delivered all at once. The order can be checked on the website to see how many packages will be delivered. If the inspection is not carried out within 24 hours after receipt by the Client, the order is deemed to be delivered in accordance with the order. Any claims for damages or incorrect deliveries are no longer possible after 24 hours, as damages may have occurred with the parcel service or with the Client.

Article 5: Liability

If Tyres in Stock BV is liable, that liability is limited to what is regulated in this provision. Tyres in Stock BV is not liable for any damages arising from Tyres in Stock BV having relied on incorrect and/or incomplete information provided by or on behalf of the Client. If Tyres in Stock BV is liable for any damage, the liability of Tyres in Stock BV is limited to a maximum of once the invoice value of the order, or at least to that part of the order to which the liability relates. Tyres in Stock BV is only liable for direct damage; never for indirect damage. Indirect damage includes, in any case, consequential damage, lost profit, missed savings, and damage due to business interruption. The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence by Tyres in Stock BV.