General terms and conditions

Article 1

In these terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about cooling-off period

Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to abandon the distance contract within the cooling-off period;

Model form: the model withdrawal form made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.

Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;

Remote agreement: an agreement under which, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Remote communication technology: means that can be used to conclude an agreement, without the consumer and trader being together in the same room at the same time.

Terms and conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Race4DriftParts

Louis Pasteurweg 17

6045GW Roermond

Netherlands

T (06) 36267281

E [email protected]

KVK 85569615

VAT number NL004122614B17

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and, at the consumer's request, will be sent free of charge as soon as possible.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.

Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions are to be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

1. Price including taxes;
2. Shipping costs, if any;
3. The manner in which the agreement will be established and the actions required to do so;
4. Whether or not the right of withdrawal applies;
5. The method of payment, delivery and performance of the agreement;
6. The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
7. The amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
8. Whether the contract is archived after its conclusion, and if so on which it can be accessed by the consumer;
9. The way in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if desired, rectify it;
10. The codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
11. The minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

1. The visiting address of the trader's establishment to which the consumer can address complaints;
2. The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
3. The information on warranties and existing service after purchase;
4. The details included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these details before the execution of the agreement;
5. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 14 days. This reflection period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the consumer should return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of dispatch.

If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the trader. Repayment will be made via the same payment method used by the consumer, unless the consumer explicitly authorises a different payment method.

If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product

The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this should be done before the conclusion of the purchase agreement.

In case of any return shipment problems, the consumer is obliged to trace the shipment by contacting the postal services.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

1. Which have been made by the entrepreneur in accordance with consumer specifications;
2. Which are clearly personal in nature;
3. Which by their nature cannot be returned;
4. Which can spoil or age quickly;
5. The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. For loose newspapers and magazines;
7. For audio and video recordings and computer software whose seals have been broken by the consumer;
8. For hygienic products whose seal has been broken by the consumer.
9. Discounted products.

Article 9 - The price

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of the discovery of the defect.

The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

1. The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
2. The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
3. The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.

All delivery terms are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a deadline gives the consumer no right to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the operator.

In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 13 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.

In case of complaints, a consumer should first turn to the entrepreneur. 

A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.

If a complaint is found valid by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 15 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 16 - Product use warnings

Motor and/or car sports are extremely dangerous sports. Our products do not guarantee against injuries and/or fatal accidents. Consumers are aware of this danger.

Products intended for use off public roads are therefore not approved and/or authorised for this and are therefore not considered to be used there.

Consumers themselves should obtain sufficient information on the correct application and/or use of the products.

The Company is not liable in case the products intended for competition purposes are used by the Buyer for application on public roads.

The entrepreneur is not liable in case the products intended for use on public roads are used by consumers for competition purposes.