TPS Racing BV Tearms and Conditions
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.
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 return 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.
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.
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.
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.
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. Purchaser is entitled to a cooling off period of 7 days after delivery of the product. Buyer may return the product within this period, with the postage and administration costs borne by the buyer. The seller may be conditions on the return transmitted.
8.2. When the seller has financed the product, eg the financing agreement is automatically terminated by the provision of a loan if the consumer uses the cooling off period.
8.3. If the buyer has sent back the product within the cooling-off period without damage and in the original packaging, the seller is required within 30 days to send a voucher which is valid up to 6 months. The cooling-off period does not apply in the following cases: Purchases special they ordered / made and deals. When returned items are made administration, shipping and packaging costs entirely borne by the buyer.
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.
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.
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.
13.1. 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. Costs incurred.
21.1 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.
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