Hi all, a little consumer rights advice please..
I bought a set of winter tyres from a well known online supplier. They have a .ch address, but the company are in Germany.

The tyres arrived, but are dated the middle of 2018, with a sticker stating they are for the 2019 season. The rubber on them feels very hard.

I have asked to return these, but the company refused, saying it was clear on the website that are from 2018. When I go back to the website, it is not clear in my mind that these are so old. You have to hover over the word 'dot' to see the date.

Basically, I believe the company have deliberately mislead me and supplied me with something that are not only not fit for purpose, but also potentially dangerous. I know it is not illegal as such to drive on older tyres in Switzerland, but in the event of an accident, it could be used against me.

Do I have any rights to return these (even if I have to pay shipping myself), or am I stuck with them? Feel really quite cheated at the moment, and potentially down over 600chf.

Any advice would be most welcome please…

by Slow_Drift_

16 comments
  1. If they aren’t used and in fact even write the manufacturing year on the website I don’t think there’s much you can do.

  2. I’d just sell them on Ricardo. This will get you the most money with the least troubles, everything else is not worth the headaches.

  3. name the site please – i dont want to fall for the same trick

  4. Should be the first thing you check no? The DOT of the tires… it’s your fault in my opinion, you didn’t check it. Why would you order tires without checking that?

    Take it as a learning lesson. Re-sell them or use them and move on

  5. If the company is based in Germany then I assume the German laws apply on your case and then send them back. If I remember correctly, Germany got a law that allow customer to send back any product bought online, even if they’re totally good within x days

  6. From this [video](https://youtu.be/WwbLt8vZH5w) (where they are going with moto racing tyres, 7-8 years old isn’t that too problematic and most manufacturer [recommends them to 10 years.](https://youtu.be/WwbLt8vZH5w)

    So if the tyres have been stored properly they have quite a few years left stil. The trouble is if the tyres have been used (then they recommend 5 years then regular check) or improperly stored.

    It’s definitely not “set and forget” tyres and they’ll probably need to be checked and replaced faster than brand new tyres. But it’s not an immediately replace case.

  7. The online website I used asked me if I want to use tyres produced this year for some extra money, was this offered to you as well?

  8. If returning the product does not work, this sounds like a case for the rechtschutzversicherung. Check if you have that insurance, or see if you have any insurance on the (credit) card you made this purchase with.

  9. You can still use them if they’ve been stored properly. After driving a few kilometers, you’ll be able to tell if there are any cracks. In winter, you should drive slower anyway.

  10. nope, a little bit. You probably paid too much.

    but it’s pretty safe to drive that’s polymeric.

    #profile

  11. If the contract (T&C) specifies that German law is applicable, then you can invoke the German code that implements the Consumer rights directive. It generally mandates that consumers may withdraw from an online contract without reason. (Assuming you have received them not longer than 14 days ago)

  12. 100% reifendirekt.ch

    I ordered 4 new wintertyres from them from them, received only two, called their customer support for a week straight, they said the tyres are in the “zwischenlager” and would be delivered in a few days, at the end of the week one of the employees was honest and said they never shipped the remaining two in the first place.

    Canceled the remaining two tyres on the 25th of september, still haven’t received a refund after almost 2 months, shit company, don’t ever order from them or from any other owned by delticom AG.

    Can highly recommemd Reifen-König.ch from St. Gallen though, fair prices, good service and good delivery times.

  13. Are these like china tires?
    The profile is certainly not winter tires.
    At least 4 seasons.

    I would not mount these and send them back.
    If it was not stated that you pay for older tires.

  14. If the date was not hidden there’s nothing you can do unless you can use the normal return policy.

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