Terms and Conditions
1. THE CONTRACT
1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Your payment of the price for the goods represents an offer on your part to purchase the goods. Our acceptance of your order brings into existence a legally binding contract between us. We accept orders only from the customers who are over 18 years old.
1.2 By placing an order, customer agrees to be bound by the terms and conditions set out herein. Please make sure you have read and understood the Terms before placing your order.
1.3 Customer shall be deemed to have determined by his or her own expertise the suitability of the tyres and fitness of the goods for the particular use and intended purpose and shall not in any way rely upon the expertise of or any statements made by the Oponeo.co.uk or any of its agents or employees.
Please note that if you do not appear to have received a reply within 1 business day of placing the order, it would be advisable to check any "Junk Mail" or SPAM filters which may be installed on your system, prior to any further contact.
2. THE PRICE
2.1 The prices payable for goods that you order are as set out on our website. All of them are retail prices in Pounds Sterlings (GBP) and include packaging and VAT.
2.2 Delivery is free only within the UK mainland. You will be required to pay extra for delivery, and it might not be possible for us to deliver to some remote areas of the UK mainland or locations outside the UK mainland. You will be advised on any additional charges or restrictions before we proceed with your order.
2.3 Shipment to UK islands will incur additional transportation cost of £6 per tyre or wheel.
For deliveries outside the UK, please check our Spanish, Belgian, Dutch, French, German, Austrian, Italian, Czech, Slovak or Polish sites.
3. ACCEPTED PAYMENT METHODS
3.1 Payment shall be made at the time that the order is placed. Payment may be made by, and is accepted by PayPal, major credit, and debit cards: VISA, MasterCard, Maestro.
3.2 Payments made by fax, mail or telephone, unfortunately cannot be accepted for technical reasons.
3.3 Any unpaid order will be automatically deleted after 10 days from the date on which it was made.
3.4 When the goods are sent out, you will receive notification by an e-mail.
4. RIGHT TO YOU TO CANCEL YOUR CONTRACT
4.1 You have the right to cancel this contract within 14 days without giving any reason.
4.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party (other than the carrier) indicated by you acquires, physical possession of the goods
4.3 To exercise the right to cancel, you must inform us - Oponeo.co.uk Ltd- of your decision to cancel this contract by a clear statement via e-mail (https://www.oponeo.co.uk/contact). You may use the attached model cancellation form (https://www.oponeo.co.uk/files/model-cancellation-form.pdf), but it is not obligatory.
4.4 If you have received the goods before you cancel your contract then (unless, under clause 4.2, you do not have a right to cancel) we will collect the goods at the delivery location unless otherwise agreed in writing.
4.5 Please contact our Customer Service (https://www.oponeo.co.uk/contact) to arrange collection.
4.6 Protect the goods against any damage until collection is completed. Tyres must be clean when prepared for posting and two tyres must be tied together. We reserve the right to assert claims for compensation if there is any damage due to improper handling or insufficient packaging in the return process. Shipping companies will only accept items in sufficient packaging.
4.7 Oponeo.co.uk will not accept your return after three unsuccessful collection attempts.
4.8 You will have to bear the direct cost of returning the goods (the collection fee will be £15 per item and we make no profit on it, it is the real cost of collecting the goods)
4.9 If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you.
4.10 Once you have notified us that you are cancelling your contract, price paid for the specific order will be reimbursed as soon as possible and in any event within 30 days of your cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4.11 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement
If the item you have received is defective, please notify Oponeo.co.uk promptly and return the item in accordance with clause 7 (LIABILITY, MANUFACTURER’S WARRANTY AND RETURNS) below.
5. CANCELLATION BY US
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 In the event of any previous breach of the Terms and Conditions by the customer Oponeo.co.uk may in its absolute discretion and without prejudice to any other rights which it may have, suspend future deliveries of goods to the customer and/or immediately terminate any contract without liability upon its part.
5.3 If we do cancel your contract, we will notify you by e-mail and will reimburse any sum paid for the specific order as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation.
5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement
6. DELIVERY OF GOODS TO YOU
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Changing the delivery address is possible after placing an online order, but only until it is shipped. Such change can lengthen the anticipated delivery time.
6.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of the date your order was paid for. Normal delivery time for an accepted order is up to 5 working days (please note that all delivery times are subject to stock availability). Delivery time can be extended, or delivery can be cancelled because of unforeseen obstacles in accordance with clause 11.
6.3 Oponeo.co.uk will work to deliver the goods as soon as possible but in no circumstances will it be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in delivery of the goods. You will be notified by e-mail if we do not have your tyres in stock or there is any other issue with delivery.
6.4 If there is no one to receive your parcel at indicated address at the time of delivery, a card informing you about the attempted delivery will be left. There will be a contact telephone number on it for your local shipping company branch. If you telephone the number on the card, you will be able to re-book a delivery day, or arrange picking the parcel up from the currier depot. Our order will not require your signature although someone needs to be at Home (or other specified location) to accept the delivery.
6.5 On acceptance of the delivery the customer is deemed to have examined the goods carefully and the acceptance is conclusive evidence that the customer has examined the tyres and that the goods are free of defects which should be apparent on inspection and the goods are those which the customer had ordered.
6.6 In case of receiving an incorrect number of items, the customer is obliged to contact the Customer Service immediately (https://www.oponeo.co.uk/contact). Orders, depending on a number of tyres and their size, can be sent in a few packages delivered separately. Therefore, before signing the documents of delivery, we ask our customers to check if the number of tyres received is the same as the one printed on the shipping letter.
6.7 Errors in quantity of the delivered product or damages of the packages must be ascertain when receiving the delivery, with the presence of transportation company representative and notified to Oponeo.co.uk as soon as possible.
6.8 In case of any difficulties with your delivery or if the courier refuses to complete the damage form, please write down the couriers’ personal information – name, surname, and telephone number. Please pass this information immediately to the Customer Service (https://www.oponeo.co.uk/contact) in order for us to undertake appropriate actions.
6.9 In case the product is damaged or faulty, please do not accept the product or fill in the damage form in the presence of the courier, keep the copy of the document and inform the Customer Service (https://www.oponeo.co.uk/contact) about the situation to solve the problem as quickly as possible.
6.10 If no written complaint is delivered in accordance with clause 6.6., 6.8. or 6.9, it is regarded that the customer accepted the product as a whole.
6.11 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you, they will be held at your own risk, and we will not be liable for their loss or damage.
7. LIABILITY AND RETURNS
7.1 If the goods we deliver are not what you ordered or are apparently damaged or defective or the delivery is of an incorrect quantity, you should notify us of the problem immediately and not later than within 10 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you should notify us of the problem within 40 days of the date on which you ordered the goods.
7.3 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
7.4 We are under a legal duty to supply you with goods that are in conformity with this contract.
7.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
7.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.7 The Consumer Rights Act gives you the legal right to claim either a refund for goods that are of unsatisfactory quality, unfit for purpose or not as described, or get it repaired - depending on how long you have owned it:
7.7.1 0 - 30 days you can claim a full refund for goods that are of unsatisfactory quality, unfit for purpose or not as described;
7.7.2 30 days - six months you must give Oponeo.co.uk one opportunity to repair or replace it before you can claim a refund;
7.7.3 six months or more you must give Oponeo.co.uk one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.
7.8 Every complaint can be reported in writing via e-mail (email@example.com).
7.9 Every complaint report should include:
7.9.1 Complaint form, fully completed, with the exact description of the claim
7.9.2 Copy of the purchase documents
7.9.3 Additional documents from the shipping company to confirm any issue with packaging damage or quantity errors.
7.10 According with the terms, the seller begins the complaint procedure after receiving the fully completed and personally signed complaint form.
7.11 After receiving the form, the seller organises the collection of the faulty product and passes it to the experts for an opinion.
7.12 At the time of shipment of the goods, the shipping company should provide the customer with a written confirmation of receipt. The customer should make sure that such a document is provided by the courier upon collection.
7.13 We will acknowledge your claim with 14 days and respond as soon as possible, in any event no later than within 3 months from the date when your claim was received in accordance with clause 7.11 and 7.12.
7.14 If your claim is accepted, we will inform you if replacement or repair is possible. If your complaint is only partially accepted, this will be included in the refund. Any additional and subsequent claims will not be considered unless properly reported in accordance with clause 7.11 and 7.12
7.15 If after careful consideration Oponeo.co.uk do not accept the claim you will be notified as soon as possible and not later than 3 months after the date of the complaint.
7.16 In case of any rejected complains the customer is obligated to cover the costs of returning the product to them and possible reprocessing within 7 working days from the date of receiving the letter with the complaint result. If the customer does not mark otherwise in their complaint form, after 7 days from the day of issuing the decision, the faulty product will be resent and the buyer will cover the costs.
8. MANUFACTURER'S WARRANTY
8.1 We are not the manufacturer of the goods supplied by us. The manufacturer’s warranty begins on the day of arrival of the goods to the customer.
8.2 The Manufacturer’s warranty covers the responsibility for product defects regarding the required quality standards and possible hidden defects, which are a consequence of the manufacturing flaws.
8.3 The warranty does not cover damages sustained from the external causes, such as: mechanical damages, weather conditions, improper installation, misapplication or an influence of other non-standard conditions.
8.4 The customer is obligated to store the complained products in an appropriate place, in conditions that do not cause any further or additional damage, malformations or other adverse effects, especially those which prevent from verifying the buyer’s claims by the seller.
9. FITTING STATIONS
9.1 The fitting stations suggested on Oponeo.co.uk website are not affiliates or subsidiaries of Oponeo.co.uk. However, they are the fitting stations recommended by Oponeo.co.uk.
9.2 Fitting costs are never included in the price of the goods. It is a separate cost that must be paid to the fitter after the service has been provided. You can check the price list under the "DETAILS" button available next to each station in the list.
9.3 We are doing our best and regularly updating the details of our recommended fitting stations. If, by any chance, the service is not available or does not meet the expectations, the customer should contact the Customer Service (https://www.oponeo.co.uk/contact).
9.4 After placing an order with delivery to a fitting station, the customer will receive a confirmation via email with all contact details to the chosen fitting station.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and emailed (firstname.lastname@example.org) and all notices from us to you will be send by email. Oponeo.co.uk may revise these Terms at any time. You can save the current Terms and Conditions now or print them for your records.
11. EVENTS BEYOND OUR CONTROL (FORCE MAJEURE)
We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident or any governmental restriction, supply chain related issues, labour shortages etc. including events of this nature related to a pandemic or epidemic outbreak.
12. REVIEWS, COMMENTS AND OTHER CONTENT
Users of this website may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Oponeo.co.uk reserves the right to remove or edit any content.
If you are not satisfied with how We have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court).
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
18. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
19. GOVERNING LAW AND JURISDICTION
Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.