TPS Racing BV Terms and Conditions
0.0. All prices and models listed on TPS Racing BV include 21% VAT for deliveries inside EU, outside EU without 21% VAT, subject to change and may be different. TPS Racing BV delivers the goods only in advance payment by bank transfer, PayPal or Credit Card.
0.1.The goods are delivered immediately once the full amount is credited to our account. By incorrect and/or unclear orders TPS Racing BV keeps itself the right to change this in good conscience. If finally the ordered item(s) do not meet your expectations, please it within 7 days in undamaged and in the original, unopened and undamaged packaging including original proof of purchase, return it to us. You will receive a voucher which is valid up to 6 months, minus the shipping and handling costs.
0.2.Shipping costs of repairs, additional delivery and return shipments are entirely in favorite of the buyer, unless otherwise agreed in writing. All images, prices and versions on this shop are subject to change and fluctuate, in an order, you agree with all conditions written below.
0.3. Terms and conditions of supply to consumers and businesses of TPS Racing BV, The Hazeland 27-29, 6931 KA Westervoort. hereinafter referred to as seller.
Article 1. Applicability of these conditions.
1.1. These conditions apply to every offer and every agreement between seller and buyer which seller has declared these conditions applicable, insofar as these conditions have not been agreed upon in writing.
1.2. These conditions also apply to all agreements with the seller, the execution of which must be third parties.
Article 2. Offers.
2.1. Quotations of the seller are without engagement and expire no later than 30 days after the date of offerte.2. Notwithstanding the provisions of article 6: 225 paragraph 2 of the Dutch Civil Code, the seller is not bound to the acceptance by the potential buyer abnormalities of vendors offer. 2.2. In offers of seller said delivery times and other periods referred to by performing vendor performance general and informative; exceeding it gives the potential buyer no right to compensation or cancellation.
2.3. Reseller prices stated, unless otherwise stated, based on performance during normal working hours and excluding transport, packaging, delivery and installation costs. In a composite quotation is no obligation for us to deliver part of the goods included in the offer at a corresponding portion of the price indicated, nor shall our offer automatically reorders.
2.4. Seller is only bound to its offer if the acceptance is confirmed in writing within 30 days by the potential buyer. The prices given in an offer shall include the statutory VAT for luxury goods, unless otherwise indicated.
2.5 Pictures on the shop are for illustrative purposes and may differ in detail from reality.
Article 3. Delivery.
3.1.Or otherwise agreed, delivery of Westervoort. The buyer is obliged to accept the purchased goods at the moment they are delivered to him or at the time they are made available to him under the agreement.
3.2. If the buyer after the order has not made payment within the prescribed period of five days, or fails to provide information such as; proper instruction, address and telephone number (s), which is necessary for proper delivery, the goods will be stored for 5 days. The buyer will then still 5 days to fulfill his obligation, c.q., payment, to meet. The buyer shall at all times all additional costs incurred, including; packaging, transport, administration, and storage, and collection costs, payable to vendor. If buyer still waives supply a voucher will be issued that is valid for six months.
3.3. Also with all purchases by mail, buyer agrees there Terms an Conditions
Article 4. Delivery claims and Insurance.
4.1. By vendor specified delivery times are always approximate and are never deadlines.
4.2. In late delivery, the seller may, within 6 weeks of fulfill its obligations.
4.3. The delivery time quoted by the vendor shall begin to run after all required information in its possession.
4.4. The seller is never liable for loss of shipments and deliveries, these fall entirely under the liability of the used carrier. Shipping, payment, packaging, and administration costs that must be incurred in connection with. incorrectly provided data, and/or payments, and/or returns are the sole responsibility of the buyer.
4.5. Administration, handling, shipping and any repackaging costs of all returned goods will be charged to the buyer. These costs are standard 10 euros and increasing.
4.6. Returned parts of orders and/or deliveries up to an amount of 30 Euro excluding shipping will be reimbursed in TPS Points, no Euro refund will be made.
4.7. Insurance Packages:
4.8. Envelope shipments are not insured.
4.9. Package shipments within the Netherlands are insured to the value.
4.10.Package shipments outside the Netherlands but within Europe are insured up to 500 Euros.
4.11.Package shipments outside Europe are insured up to 200 Euro
4.12 Complaints and claims about shipments must be made within 4 weeks after sending in writing to the seller. After this period no liability can be regained
Article 5. Partial deliveries.
5.1. The Seller is permitted to deliver sold goods in parts for a period of 4 weeks. If this case is to make the seller responsible for shipping fee, except for partial deliveries that fit through the letterbox, (Max 38 x 26 x3 cm), they are supplied free of charge after.
Article 6. Technical requirements etc.
6.1. If the seller must be used to be delivered in theNetherlands and outside theNetherlandsis not responsible for the goods to be delivered meet the technical requirements, standards and / or regulations imposed by laws or regulations of the country where the goods are to be used . This does not apply if, at the conclusion of the contract of use abroad mention is made on submission of all necessary information and specifications.
6.2. All other technical requirements to the goods to be delivered by the purchaser and which deviate from the standard requirements, should at the conclusion of the contract to be expressly reported by the buyer (see Article 9).
Article 7. Models, examples and used items.
7.1. If the Seller a model, sample or used items shown or supplied, this is deemed to have been shown or provided as an indication: the characteristics of goods to be delivered to the model, sample or used item unless it was explicitly stated which would be delivered in accordance with the shown or supplied model, example or used product. Assembly, advice and instructions and any other documentation provided only an advisory character, and therefore no rights can be derived.
7.2. Buyer can never delete special ordered products after payment,
Article 8. Termination of the agreement.
8.1. The buyer is entitled to a cooling-off period of 7 days after shipment of the product. The buyer may return the product within that period, whereby the postage and administration costs are always borne by the buyer. The seller may, however, attach conditions to the return (see conditions 8.4.).
8.2. When the seller has financed the product, for example by providing a loan, the financing agreement is automatically dissolved when the consumer makes use of the cooling-off period.
8.3. If the buyer has returned the product within the cooling-off period without damage and in the original packaging, the seller is obliged to reimburse the purchase price, minus any costs referred to in conditions within 30 days.
8.4. Return shipments must be sent in the original packaging with purchase receipt, these must be made known to the seller in advance by e-mail. Postage costs of return shipments are entirely for the account of the buyer. In case of returns, administration/processing and/or re-packaging costs will be charged at 5-10%.
8.5. The cooling-off period mentioned in 8.1. do not apply in the following cases:
8.5.1. Products that have been ordered at the customer's request,
8.5.2. Products with a delivery time indicated on the webshop,
8.5.3. Products that are manufactured according to the customer's wishes,
8.5.4. Special offers, and/or reservations and/or pre-orders,
8.5.5. Electronic parts where the packaging has been opened or the seal has been broken or has been used,
8.5.6. Down payments and/or partial payments are referred to in points 8.5.1. to 8.5.7. not credited but a credit will be created,
8.5.7. Pending orders can be canceled up to 24 hours before the day of dispatch (Tuesday, Wednesday, Thursday, Friday).
8.6. Taking into use of the conditions 8.5.1. to 8.5.7. the seller can reimburse orders up to and including an amount of 50.00 euros in TPS Points, minus the 5-10% administration/processing and/or re-packaging costs
Article 9. Warranty Eels.
9.1. Seller warrants that the free goods delivered by design, material and workmanship for a period of 2 months after delivery. The warranty does not cover: Assembly / disassembly work performed by non-certified third party.
9.2. If the case is a design, material or manufacturing defect shows the buyer is entitled to restoration of the case. Seller may choose to replace the item, or send the defective item for repair to the supplier. The buyer is only entitled to replacement if repair of the item is not possible. The guarantee does not apply if damage is caused by improper handling or failure to follow the instructions.
9.3. Under incorrect treatment would include: Using the product for purposes other than specified in documentation, overloading the product, mount the incorrect / improper / disassembly of the product by non-certified third party. 9.4. If the guarantee concerns a product which is manufactured by a third the guarantee is limited to the guarantee given by the respective manufacturer for the product. 9.5 When returned items are made administration, shipping and packaging costs entirely borne by the buyer.
Article 10. Retention.
10.1. All goods delivered by the seller remain the property of the seller until the buyer has fulfilled all of his obligations under all agreements concluded with the Seller.
10.2. Seller goods supplied under retention of title pursuant to paragraph 1 may only be sold in the course of normal business activities and must never be used as currency.
10.3. The buyer is not entitled to pledge under the reservation of ownership or otherwise encumber. 10.4. Copper already gives unconditional and irrevocable consent to the Seller or to and through its designated third party, whenever the seller wishes to exercise its property rights, all these places to enter the property of the seller is then located and doing business there to bring along.
10.4. If third parties seize wish to establish or assert goods delivered under retention of title or rights thereto, the buyer is obliged salesman set within two days thereof. 10.6. The buyer is obliged to insure the goods delivered under retention of title and keep them insured against fire, explosion and water damage as well as theft and the policy of this insurance on first request for inspection.
Article 11. Defects; complaint periods and insurance.
11.1. The buyer purchased goods upon delivery or as soon thereafter as possible (to) investigate. Here, the buyer should check whether the goods delivered comply with the agreement, ie: whether the correct goods have been delivered; or delivered in terms of quantity (for example the amount and number) correspond to the agreement; whether the goods delivered meet the agreed quality requirements or, if these are lacking, the requirements that may be set for normal use and / or commercial purposes.
11.2. If visible defects or deficiencies, the buyer must notify the seller in writing within 5 days after delivery.
11.3. No visible defects, the buyer shall, within three days after discovery, but no later than three months after written notice delivered to the seller.
11.4. Even if the other party timely complaint, his obligation to pay and take the orders placed.
11.5. Items may only after prior written consent be returned to the vendor.
11.6. Buyer can never delete special ordered products, or special produces products after payment by buyer.
11.71. Envelope shipments are not insured.
11.72. Shipments inside the Netherlands are insured for value.
11.73. Shipments outside the Netherlands but within the EU are insured up to 500 Euro.
11.74. Shipments outside the EU are insured up to 200 Euro.
Article 12. Prices/Price Increase.
12.1. Unless expressly stated otherwise, the prices quoted by us include VAT luxury items- based user the minimum quantities - excluding transport / shipping kosten.- Westervoort off.
12.2. If the seller agrees a certain price with the buyer, the seller shall nevertheless be entitled to increase the price if the vendor can demonstrate that have occurred between the time of offer and delivery significant price changes relating to commodities, currencies and / or wages or the other side not seeing or error conditions listed prices.
12.3. If the price increase exceeds 15%, the buyer has the right to terminate the agreement.
Article 13. Payment.
13.0. All order payments must be done from the webshop checkout. Other payments are not accepted unless agreed otherwise.
13.1. Payments on invoice must be made within 8 days after the invoice date or in a manner specified in the currency of the invoice by vendor.
13.2. After the expiry of 14 days after the invoice date, the buyer is legally in default; the buyer from the moment of in default on the amount due unless statutory interest is higher an interest rate of 5% per month, in which case the legal interest.
13.3. In case of liquidation, bankruptcy or receivership of the purchaser claims will seller and the buyer's obligations to Seller shall be immediately due and payable.
13.4. Payment must be made without discount or settlement.
13.5. Stretch by the buyer Payments made to settle in the first place of all interest and costs, and secondly the invoices which are open longest, even if the buyer states that the payment relates to a later invoice.
13.6 By cancellations of order(s) all made costs by seller are for buyer.
13.7 Specially ordered product(s), can never be cancelled.
Article 14. Collection costs.
14.1. If the buyer is in default or fails to fulfill any of its obligations, then all judicial and extrajudicial costs to obtain payment for the account of the buyer. In any case, the buyer is liable: on the first € 5,000.00 - 15% over the multiple to € 8,000.00 - 10%, over the excess up to € 15,000.00 - 8%.
14.2. If the seller demonstrates that it has incurred higher costs which were reasonably necessary, these will also be recoverable.
Article 15. Liability.
15.1. Seller is only in the following manner liable to the buyer:
15.2. For damage resulting from defects in goods delivered only the liability as provided for in Article 10 (Guarantee) of these conditions.
15.3. Seller is only liable if damage is caused by intent or gross negligence of the Seller or its employees;
15.4. The seller's liability is limited to the amount to be provided by the insurer of the seller in a particular case.
15.5. If the insurance in any case does not cover or does not pay out, and the seller is liable, the liability of the seller is limited to once the invoice value of the transaction minus TAX, at least that part of the transaction to which the liability relates.
Article 16 Force Majeure.
16.1. Force majeure is defined in these terms and condition in addition to what is included in this area in the law and jurisprudence, all external causes, foreseen or unforeseen, which the Seller can not influence, but which vendor is unable its obligations to come, strikes in the business of reseller included.
16.2. and other seller obligations suspended - during force majeure, the delivery will be. If the period in which the fulfillment of obligations by the seller lasts longer than two months, both parties are entitled to terminate the agreement without any obligation to pay compensation.
16.3. If the seller at the time the force majeure already partially fulfilled its obligations, or can only partially fulfill its obligations is entitled already delivered or to invoice the deliverable part separately and the buyer is obliged to pay this invoice as if it were a separate contract. This does not apply if the already delivered c.q. Available part has no independent value.
Article 17. Forwarding.
7.1. The seller is not liable for lost shipments and deliveries. These are covered by the liability of the carrier used. Shipping, packaging, and administration costs to be incurred i.v.m. erroneous information supplied, and / or payments, are the sole responsibility of the buyer.
Article 18. Dispute Resolution.
18.1. The judge in the place of residence of the seller to take exclusive jurisdiction over disputes, unless the judge is authorized. Nevertheless user has the right to sue the other party before the competent court according to law.
Article 19. Governing Law.
19.1. Any agreement between user and the buyer Dutch law. The Vienna Sales Convention is expressly excluded.
Article 20. General.
20.1. General delivery and payment conditions put to the Shipping and Payments page form part of these conditions of purchase.
Article 21. Discounts and promotions.
21.1. Discounts and Promotions are only valid once at one address of an account and/or mail address. Duplicate accounts with the same adress and/or mail adress will be deleted.
21.2. Discounts and/or TPS points that were incorrectly obtained will be settled and/or removed immediately upon discovery.
Article 22. Costs incurred.
22.1 The buyer shall at all times all additional costs incurred, including; special ordered products, packaging, transport, administration, and storage, and collection costs, payable to vendor.
23.2 Information and materials found or offered on TPS Racing for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. TPS Racing contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Article 24. Trade Marks
24.1 All trade marks reproduced in TPS Racing which are not the property of, or licensed to, the operator are acknowledged on TPS Racing. Unauthorised use of TPS Racing may give rise to a claim for damages and/or be a criminal offence. From time to time TPS Racing may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of TPS Racing and any dispute arising out of such use of TPS Racing is subject to the laws of the Netherlands.
Article 25. Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
26.1 A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs.
26.2 We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Article 27. Links to other websites
27.1 Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Article 28. Controlling your personal information
28.1 You may choose to restrict the collection or use of your personal information in the following ways: whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or Emailing us.
28.2 We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable.
28.3 If you believe that any information we are holding on you is incorrect or incomplete, please write to or Email us as soon as possible. We will promptly correct any information found to be incorrect.
TPS Racing BV
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