1.1 These General Terms and Conditions apply to all offers made by Takata Racing Benelux and to all agreements concluded with Takata Racing Benelux.
1.2 Besides these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products when expressly indicated.
1.3 Parties can only deviate from the provisions made in these General Terms and Conditions if this has been expressly agreed in writing and, in which case, the other provisions of these Terms and Conditions will continue to apply in full.
1.4 If the Buyer also refers to his or her own General Terms and Conditions, they will not apply unless Takata Racing Benelux has expressly agreed to this in writing.
1.5 "Buyer" will be deemed to mean every visitor to the Internet site and/or every natural person or legal person who has a contractual relationship or will have such a relationship with Takata Racing Benelux in any form or shape.
1.6 Takata Racing Benelux reserves the right to amend and/or supplement these Terms and Conditions.
1.7 The Buyer is deemed to have accepted these Terms and Conditions as well as any other rights and obligations as listed on the internet site when said Buyer uses the Takata Racing Benelux internet site and/or places an order.
1.8 Takata Racing Benelux is authorised to make use of third parties when executing an agreement with the Buyer.
2. Offers and concluding of agreements
2.1 Offers or price specifications should be deemed an invitation to prospective Buyers to make a proposal. Takata Racing Benelux can in no way be regarded as having committed itself unless this has been unequivocally determined in writing. The acceptance of the invitation to make an offer by the prospective Buyer will be deemed a proposal and will only lead to the concluding of an agreement if the remaining provisions contained in this article have been met.
2.2 Offers will be valid as long as stocks are available.
2.3 A proposal from the prospective Buyer as referred to in section 2.1 will be deemed to have taken place in one of the following circumstances:
- The prospective Buyer has precisely specified which product and/or service he or she wishes to receive.
- The prospective Buyer has entered the information in the designated input screen on the Internet site and the relevant information ("order form") has been electronically sent to Takata Racing Benelux and Takata Racing Benelux has received the information.
2.4 An agreement will be deemed to have been concluded as of the moment an order confirmation has been sent to the Buyer by regular post and e-mailed to the e-mail address specified by Buyer.
2.5 The Buyer and Takata Racing Benelux expressly agree that by using forms of electronic communication they have concluded a valid agreement once the provisions in sections 2.3 and 2.4 have been met. In particular, the lack of a normal signature will not detract from the binding power of the proposal and its acceptance. The Takata Racing Benelux electronic files will apply as circumstantial evidence to the extent possible under the law.
2.6 Information, images and verbal, telephone and electronic announcements that have been provided, as well as specifications, etc., related to all offers and the most important features of the products will be displayed, provided or made as accurately as possible. Takata Racing Benelux will not, however, guarantee that all offers and products will fully correspond to the provided information, etc. Deviations may, in principle, not lead to compensation and/or dissolution.
3.1 All prices are expressed in euros in agreement with statutory regulations in this respect and are inclusive of turnover tax. If you are logged in on the Takata Racing Benelux website as a dealer, the price will be shown excluding turnover tax.
3.2 Special offers shall only apply for the period of validity as listed with the offer. This announcement will be printed in a folder or specified on the internet site or newsletter/banner regarding the special offer.
3.3 The Buyer must pay the price Takata Racing Benelux has announced in its confirmation in accordance with section 2.4 of these Terms and Conditions. Obvious manipulation of or errors in the price specification, including obvious inaccuracies, can also be corrected by Takata Racing Benelux after the agreement has been concluded.
3.4 Delivery costs are not included in the productprices and will be charged separately. The delivery costs are listed on the order confirmation and/or will be made known after we received your order. Further Terms and Conditions apply in relation to certain payment methods with regard to the delivery method and the related costs. This will be clearly communicated to the Buyer.
4.1 One of the following payment methods can be used when placing orders through our internetsites:
- Banktransfer (manual wiretransfer to our bank account)
- Paypal (Secured service for creditcard payments)
- Cash on Delivery (Dutch customers only) Takata Racing Benelux can extend the payment options in the future. Other payment options will be made known through the internet site.
4.2 Takata Racing Benelux uses a 14 days payment term on all orders. This terms starts from the moment the order confirmation or invoice has been sent (most of the times by email).
4.3 The Terms and Conditions of the relevant card issuer shall apply in the event a payment method involving a credit card is selected. Takata Racing Benelux is not a party in the relationship between the Buyer and the card issuer.
4.4 A reminder procedure will be started if the Buyer does not pay or does not pay on time.
4.5 All court and other costs, regardless of their nature, incurred by Takata Racing Benelux as a result of the Buyer not complying with his or her (payment) obligations, will be at the expense of the Buyer.
4.6 If the Buyer does not pay on time, Takata Racing Benelux will be entitled to dissolve or suspend (any additional) deliveries until the Buyer has fully complied with his or her payment obligations. This will include any payment of costs.
5. Delivery and delivery date
5.1 Orders will be delivered as soon as possible. In principle, Takata Racing Benelux aims to deliver orders to the specified address within 3 working days in the Netherlands and within 7 days in the other countries. This delivery date will only apply as an indication and will never be deemed to be a firm date. Takata Racing Benelux may provide further information on delivery dates on its internet site or though its shops, or it may make them known in writing using a different method. Such information will only be deemed indicative.
5.2 If a product that is temporarily out of stock is ordered by the Buyer, an indication will be given of when the product will be available again. This is only an indication, because of the influence of third parties like suppliers, customs, and delivery companies. No rights can be derived to this indicated delivery time.
5.3 Deliveries will be made to the address specified by the Buyer at the time the agreement was concluded. When payment is made with a credit card, Takata Racing Benelux must observe the requirements set by card issuers with regard to the delivery location. All this will be announced in advance to the Buyer.
5.4 Once the products have been delivered to the specified delivery address, the risk related to these products will be transferred to the Buyer. Products are delivered as soon as the Buyer has signed for the package.
5.5 The Buyer can refuse the package, and this will then be returned to Takata Racing Benelux. All costs regarding this refusal will have to be paid by the Buyer.
6. Exchanges and right to revoke
6.1 The Buyer must carefully inspect the products once they have been received (or must have someone inspect them). This applies to products bought at a shop where exchanges or returns are allowed. The Buyer can either exchange the article or get a (gift)certificate with the value of the original invoice, shipping costs excluded. In the case of agreements with consumer Buyers that have been concluded via the internet site or in another way in which only electronic communication media have been used, the consumer Buyer is entitled to exercise his or her right to revoke without being penalised and without having to specify reasons within seven business days after the relevant product has been delivered.
6.2 Returns are only possible when products are completely new, unused, in the original packaging, exact as delivered by Takata Racing Benelux. Returns have to be sent in an extra box, which will prevent the productpackaging from any damage.
6.3 If the consumer Buyer uses his or her right to revoke as mentioned in 6.1, and the return is done according to the details is 6.2, Takata Racing Benelux will ensure a refund is made within 30 days after the payment made by the consumer Buyer.
7. Retention of title
7.1 The ownership of products will only be transferred to the Buyer once the Buyer has fully settled that which is due with regard to any agreement with Takata Racing Benelux, notwithstanding the actual delivery. This will be deemed to include any payment of interest and costs which may also be related to earlier or later deliveries and any work performed or to be performed with regard to the products.
7.2 The Buyer may not burden, sell, resell, dispose of or in any other way encumber the products before the ownership has been transferred.
8. Guarantee and liability
8.1 The general guarantee conditions as described in the Dutch law apply to products delivered by Takata Racing Benelux, unless clearly indicated otherwise. Takata Racing Benelux products have a warranty term of 1 year.
8.2 Takata Racing Benelux will never be held liable to pay any compensation to the Buyer or others unless an intentional act or omission or gross negligence is involved on the side of Takata Racing Benelux. Takata Racing Benelux will never be deemed liable for consequential or trading loss, indirect damages and/or loss of profits or turnover.
8.3 If Takata Racing Benelux, for whatever reason, must pay compensation, the compensation will never be higher than an amount that equals the invoice value of the product or service in question.
8.4 Despite the continuous care and attention that Takata Racing Benelux pays to the composition of the website, it is possible that information published on the website is incomplete and/or incorrect.
8.5 The information on the website is regularly supplemented and/or updated. Takata Racing Benelux retains the right to implement any amendments with immediate effect and without making any prior announcement.
8.6 The Buyer must exempt Takata Racing Benelux from any liability that third parties may enforce with regard to the execution of the agreement against Takata Racing Benelux to the extent the law dictates that the relevant damages and costs should not be at the expense of the Buyer.
8.7 It is possible that Takata Racing Benelux will include links on its internet site to other Internet sites that might be interesting or informative to the visitor. Such links are purely informative. Takata Racing Benelux cannot be held responsible for the content of the internet site to which reference is made or the use that can be made of such internet sites.
8.9 All products sold by Takata Racing Benelux are for showuse, or motorsport use only. Not all products are suitable/legal for us on the public road. Takata Racing Benelux has no responsibility when products are on the public road and/or used in factory cars.
9.1 In case of force majeure, Takata Racing Benelux is not required to meet its obligations with regard to the Buyer and/or the obligation will be suspended for the duration of the force majeure conditions.
9.2 Force majeure will be deemed to mean every circumstance that is not dependent on Takata Racing Benelux will, which means that compliance with Takata Racing Benelux obligations towards the Buyer is fully or partially hampered. Strikes, fires, business disruptions, energy failures, non-delivery or untimely delivery by suppliers or other third parties called in, and the lack of any permit to be obtained via the authorities, will be deemed to be constitute such circumstances. Force majeure will also be deemed to include disruptions to (telecommunications) network or connections or communication systems used and/or the internet site not being available at any given moment.
10. Intellectual property
10.1 The Buyer expressly recognises that all rights to intellectual property of the displayed information, announcements or other statements related to products and/or to the Internet site reside with Takata Racing Benelux, its suppliers or other entitled parties.
10.2 Intellectual property rights are deemed to include patent laws, copyright, trademark rights, rights on drawings, model rights and/or other (intellectual property) rights or other products as well as patentable and non-patentable technical and/or commercial know-how, methods and concepts.
10.3 The Buyer may never use the intellectual property rights, which will be deemed to include implementing amendments, as described in this section. This includes reproducing of material, without the express prior written consent of Takata Racing Benelux, its suppliers or other entitled parties unless this purely involves private use in relation to the product itself.
11. Personal details
11.2 Takata Racing Benelux will observe the applicable privacy regulations and legislation in relation to the above.
12. Applicable law and competent court
12.1 All offers and agreements are subject to Dutch law exclusively.
12.2 The applicability of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.
12.3 All disputes related to or arising from offers made by Takata Racing Benelux or agreements concluded with Takata Racing Benelux shall be submitted to the competent court in The Netherlands unless the law expressly appoints a different court as the competent court.
13.1 If the Buyer want to cancel an order or any of the ordered products after the order is confirmed or shipped out, and/or a prepayment is made, Takata Racing Benelux reserves the right to send the Buyer an invoice with all costs that are made for this order. This includes shipping- and administration costs, and the Total will be 15% of the original invoice, with a minimum of 25 euro.
13.2 The Buyer can only cancel the salesagreement by a written request (fax, email, or letter). Oral cancellations are not valid. An agreement is cancelled only when Takata Racing Benelux approves/confirms the cancellation request from the Buyer by fax, email, or letter.
14.1 Takata Racing Benelux has its registered office at (4741 JJ), Wilgenroos 21 in Hoeven and is registered at the Chamber of Commerce under number 20128069. The VAT registration number is NL155556551.B01. Please send all correspondence regarding an agreement or these Terms and Conditions to Takata Racing Benelux, Wilgenroos 21, 4741 JJ Hoeven, The Netherlands, or to the e-mail address posted on the internet site.
14.2 Customer Service can be reached for information on +31 (0)6 41712778 every working day from 10am to 6pm. They can also be reached at the following e-mail address: email@example.com
14.3 Your messages will be answered within 3 working days by Customer Service.
Takata Racing Benelux does everything possible to communicate fairly and honestly with its customers. Unfortunately, we cannot always avoid our name being misused by third parties.
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