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B2C TIRES INC. General Conditions of Sale applicable to Canadian customers

Your order is subject to these general conditions which provide the terms and conditions for the Contract of Sale between you (the "Customer") and B2C Tires Inc. ("B2C"), the company operating the online sales site www.pneus-online-canada.ca whose contact details appear under the heading Contact.

1. Scope

The Tires and co website is run by :

B2C TIRES INC. / B2C PNEUS INC.
1 Place Ville-Marie, 39e étage
MONTRÉAL, QC H3B4M7
CANADA

B2C TIRES INC. / B2C PNEUS INC.
Tel.: 1-613-699-8849
Contact: contact form

The sale of products described herein (the "Products") is subject to these conditions and no other agreement shall be binding on B2C nor shall apply in any manner whatsoever to the sale of the Products. No change in these conditions shall be binding unless signed by an authorized officer of B2C.

2. The Products

2.1

Products offered for sale by B2C are intended for individuals and professionals.

2.2

B2C sells only new products. The features of Products presented on the B2C site may be modified from time to time at the discretion of B2C. The pictures of each product are non-binding.
B2C guarantees to its customers that it will not offer for sale on its website tires which are more than 3 years old.
All our tires are new and of recent manufacture.
However, B2C cannot select a tire with a specific manufacturing date for a particular order.

2.3

The Customer is responsible for complying with requirements and recommendations for safety in use (vehicle, inflation, pressure, etc.), in installation and in storage of the Products. B2C will not be responsible in any way for installation or use of the Products under abnormal conditions.

3. Product availability

3.1

Products offered and corresponding prices are valid while stocks last. B2C shall use reasonable means to promptly post any price changes for Products on sale by making regular updates to its website.

3.2

If B2C is not able to deliver any Product ordered due to stock shortage, B2C will notify the Customer by email and may at that time offer the Customer to modify or cancel its order. If modified, B2C will adjust the amount of the order accordingly and confirm the modified order to the Customer by email.

4. The Order

4.1

An Order Confirmation will be sent within 24 hours of order registration by automatic email to the email address provided by the Customer. Orders will be processed only after receipt and deposit of payment corresponding to the amount shown on the Bill. Any order for which payment is not made within seven (7) days after receipt of the Order Confirmation by the Customer will be automatically cancelled.

4.2

The Customer is solely responsible regarding the information provided while submitting the order. B2C does not accept any change of the delivery address or of the products (size, trade mark or profile) after the payment of the order and the Customer will have to be responsible for paying any additional fees (such as fees for returning the products or fees for delivering the products to another address) required by the shipper in case a change of the delivery address occurs. As the Customer is solely responsible for the cost and the transport of products, B2C will not be held responsible for potential delivery errors or lost of package provoked by the shipper.

4.3

In case of error in the Order, the Customer must contact B2C Customer Service through the contact form which explains the procedure and conditions for cancellation and refund of the Order (see Section 9 herein CANCELLING THE SALE).

4.4

B2C reserves the right to refuse any order for any reason whatsoever.

5. Price and payment

5.1

The purchase price for each product ordered is that shown on the Site.

5.2

Prices displayed on the B2C web site are expressed in Canadian Dollars and exclude shipping costs and any applicable sales taxes.

5.3

B2C reserves the right to change the prices of Products offered on the Site at any time and without notice.

5.4

If the Customer finds the same Product at a lower price on another site for the Province of delivery, B2C, at its sole discretion and without any obligation whatsoever, may grant the Customer a 3% discount on the Selling Price upon simple request BEFORE placing the order by email through the contact form.

6. Payment by credit card (via MERCANET) or by bank transfer

6.1

Payment may be made by credit card via MERCANET. Purchases on behalf of a third party are not accepted. The Customer shall only use a valid credit card: Visa or MasterCard via the secure payment solution MERCANET.

6.2

Payment may be made by credit card via MERCANET. The Customer shall clearly indicate his name and address as they appear on the credit card statement. Purchases on behalf of a third party are not accepted. The Customer shall only use a valid credit card: Visa, MasterCard online via the MERCANET secure payment solution.

6.3

To prevent credit card payment frauds over the internet, all payments will be submitted. The information related to the order will be processed automatically to determine the level of data analysis of a transaction. By placing an order and agreeing to the terms and conditions, the Customer consents to communicate to MERCANET information related to the order and to the payment by credit card.

6.4

Payment may be made by bank transfer. The Customer should refer to the heading "Payment guarantees" for more information.

6.5 Protection against fraude

To prevent credit card payment frauds over the internet, B2C is likely to analyze the orders, and payments will be submitted and checked.
In case of non transmission, partial or incorrect transmission of information related to the order, B2C might not be able to analyze the transaction. Therefore, B2C hotline service may ask for copies of I.D. documents - in respect of the Privacy Act law – or will be allowed to cancel the order and refund the credit card used to place the order. Every I.D. document received by B2C will be checked internally for transaction analysis purpose only and filled.
The Hotline department of 2BC has neither access to your bank information, nor to the details following the analysis of a transaction.

7. Retention of title

Any product delivered remains the property of B2C until full payment is due.

8. Delivery

8.1

B2C will deliver the Products ordered to the address provided at the time of the Customer's order.

8.2

Products ordered by the Customer will be delivered within approximately 24 to 72 business hours by Loomis or Purolator. This period is given as information only. Consequently, non-respect of this delay shall under no circumstances give rise to damages for any reason whatsoever.

8.3

The Customer becomes the owner of the Products ordered upon delivery by B2C to Loomis or Purolator. From this point, the Customer is bound to assume all risks and B2C is not responsible for their loss, damage or destruction.

8.4

The delivery of products is subject of the rules of the shippers that B2C has business deals with, as well as the rules of any other company with which B2C could do business at any time given. The customer is especially subject to the rules regarding the signing of a confirmation of products reception and the returning of the non-deliverable products. If the customer is missing when the products are delivered, he will be consequently in charge to obtain the products following the rules of the shipper. B2C will not be in any way held responsible of paying any additional fees (such as products returning fees for delivering them to another address) required by the shipper pursuant to the customer's absence or to the non-delivery of products at the delivery address provided by the customer for any possible reason. The customer recognizes that B2C could charge him for such additional fees and the Customer commits to not holding B2C responsible of paying such additional fees.

8.5

The Customer may designate a service garage to take delivery of the Products. If necessary, the Client will be responsible to coordinate all aspects of the delivery. Installation must be performed by this service garage.
The customer must call the garage before placing the order to inform about the delivery of the tyres.It is mandatory that you check your tyres yourself (or let it check by the fitting station) before the fitting is done to be sure of their compliance with the order and their compatibility with the vehicle. In case of mistake in the tyres shipped, the tyres will not be taken back or refunded after mounting.

8.6

No delivery will be made to a post office box.

8.7

The Customer is responsible to ensure that the Products delivered conform to the Order before the Products are installed on a vehicle. Products installed shall in no case be returned or refunded. Any claim relating to an incomplete or inaccurate shipment shall be made within thirty (30) days following the date of receipt of the Products using the contact form.

Caution!

No claim relating to deformation due to improper storage of the Products delivered since more than 30 days shall be considered.

Bulges (small bumps on the side) noted on mounted tires that have been driven on are not guaranteed by either the manufacturers or B2C.

When a manufacturing defect is discovered after installation, the Customer shall notify B2C Customer Service by the contact form, and provide, by email, a dated and signed certification from the automotive professional who noticed defect.

B2C will then pick up the Product considered defective and send it to the manufacturer's expert. Delays for obtaining an expert opinion are approximately 8 weeks.

If the manufacturer confirms the defect, the Product shall be refunded by being prorated as applicable.

9. Cancellation of the sale

9.1

The Customer may request return of the Products to B2C at any time until the end of the 30th day following receipt on condition that the Products have not been installed on a vehicle or used in any manner whatsoever.

9.2

The Customer may not return the products to the B2C warehouse himself. The return request shall be made exclusively on the contact form. The Customer will then be contacted and given all instructions as for the return of the products.

9.3

The customer is responsible for the return costs and risks of loss or damage when returning the Products (return costs correspond to delivery costs, plus 5 CAD duty free for the overhead costs per order. A fuel surcharge might be charged by the carrier), unless B2C has not delivered the Products ordered to the Customer or has delivered defective products, in which case B2C shall assume the costs of transport and risks provided they are returned using a carrier authorized by B2C.

9.4

Upon receipt of the returned Products, any amount debited from the Customer's credit card (or paid by bank transfer) in favour of B2C regarding these Products, except for shipping and return costs, shall be credited as soon as possible but no later than 15 days, provided however that the Products being returned are received by B2C in the same condition in which they were when they were delivered.
The discounts are not refundable.

10. Force majeure

For the purposes hereof, force majeure includes any Act of God, war, mobilization, government regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective material or delays by shippers or other contingencies beyond the control of B2C which could prevent manufacture, shipping or delivery of the Products covered hereby. Performance of B2C's obligations may be suspended in the event of force majeure without any responsibility incurred by B2C towards the Customer for any damage or loss arising from such delay.

11. Limited Warranty

Subject to the following, B2C guarantees that the Products sold hereby conform to the specifications and standards applicable to the industry and that title for the goods are free of any security, guarantee or mortgage. B2C shall ensure that the Customer is the beneficiary of manufacturer's warranties and in no case shall the B2C warranty exceed that given by the Product's manufacturers. B2C's sole obligation under such a warranty shall be to replace the Products as the manufacturer deems necessary and to support the Customer for any claim to the manufacturer. The warranty above is the sole exclusive guarantee, express or implied, provided by the seller and supersedes all other guarantees of any nature whatsoever, contractual, legal, statutory or otherwise, for purposes of marketability, quality, compatibility or otherwise.

12. Limitation of Liability

B2C's liability shall under no circumstances exceed the purchase price of the Products supplied and in no case shall B2C be liable for any indirect, consequential, special, accessory or punitive damages or for loss of business of any nature whatsoever (including damages for loss of profits) allegedly suffered by the Customer.

13. Intellectual Property

13.1

Trademarks and logos used or displayed on the Site are trademarks and logos, whether registered or not, of B2C or third parties. Nothing on the Site may be construed to allow, directly or indirectly, the use of such trademarks or logos without prior written authorisation from their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce trademarks and logos found on the Site for any reason whatsoever.

13.2

All elements on the Site (including, without limitation, text, articles, photographs, images, illustrations, audio and video extracts, software, etc.) are protected by copyright and belong to B2C or to third parties acting as content providers. Unless clearly stated otherwise, no part of the Site may be construed as granting the Customer any right whatsoever with regards to intellectual property of B2C or a third party acting as a content provider.

13.3

The Customer may not copy, reproduce, modify, publish, distribute, participate in transfer or sale, create derivative works from, translate, download, license or exploit in any manner, any item offered on the Site (including any software), in whole or in part.

13.4

B2C is in no case responsible for the content or Products or services offered on sites to which the Site is linked by hypertext links or any other type of link. B2C has no control over these sites and accepts no liability for access, content or use of these sites, nor for damages that may result.

14. General provisions

14.1

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement nor to any Order.

14.2

The Parties hereby accept that this Contract shall be interpreted and governed by the applicable laws of Quebec and Canada, without regard to the principles of conflict of laws. In addition, the parties choose to submit any dispute or any proceeding arising under this Contract to the exclusive jurisdiction of the Courts of the Province of Quebec, in the judicial district of Montreal, without prejudice to the rights of venue to obtain any precautionary measure, such injunction to any court of competent jurisdiction.

14.3

B2C undertakes never to divulge personal information about its customers and not to use it for other purposes than to communicate with them and respond to orders. The Customer has the right of access at any time and may correct personal data concerning him.

14.4

Before submitting his Order, the Customer declares that he has read these general conditions and accepts them without reservation in their entirety.

14.5

Should any part hereof or any section, paragraph or sub-paragraph be declared invalid or unenforceable by any court having jurisdiction therein, the parties expressly agree that such a judgement shall not affect the validity of other provisions hereof, which retain their full and entire validity.