Terms of service
GENERAL TERMS AND CONDITIONS
last updated: February 13th 2024
Article 1. Application
1.1. The buyer accepts the application of the present general terms and conditions by the mere fact of concluding the agreement. The customer acknowledges to have taken note of and to agree to these general terms and conditions, which form an integral part of the agreement.
1.2. The agreement is executed according to the general terms and conditions of sale of the seller, to the exclusion of the customer's own terms and conditions, even if they are communicated afterwards.
Article 2. Binding force
An order shall only be binding after we have received full payment for the goods ordered.
Article 3. Description of the goods to be delivered
The goods shall be delivered as stipulated on our website.
Article 4. Price
4.1. The price is as stated on the website.
Our prices are quoted in EUROS and are always exclusive of VAT.
Any increase in the VAT rate in the period between the order and delivery shall be borne by the buyer. Orders shall be invoiced at the prices and conditions in force at the time of acceptance of the order.
4.2. Depending on the choice made at the time of purchase, the goods can be picked up free of charge at the seller's head office or delivered to the buyer. In the latter case, the costs of transport, delivery and insurance shall be borne by the buyer.
Any import taxes, customs duties or any other form of import charges shall be borne by the buyer.
Article 5. Check
5.1. The buyer is expected to take delivery and inspect the goods immediately. Complaints
must be notified to the seller by registered letter within eight days of delivery.
Any defects in our product are deemed accepted as soon as our product is further used, which makes any useful observations about the product impossible.
5.2. The seller cannot be held responsible for its product in any way:
- in case of misuse of the product;
- in case the damage is caused by force majeure;
- in case intentional damage to the product is caused by the buyer or his/her appointees.
5.3. Our potential liability is limited, in any case, to the free repair, or to the cost of spare parts and labour, excluding, among other things, indirect damage, immaterial damage, the cost of returning the goods to our company and subsequently returning them to the buyer, and without the buyer being entitled to any compensation, for any reason whatsoever.
Only if repair proves impossible, our warranty is limited to replacing the defective product, to the extent that replacement is possible
If replacement is not possible, our warranty is limited to refunding the paid price and taking back the defective product.
5.4. Our potential liability is limited to the amount for which our company is insured under the liability insurance policy it has taken out.
The compensation to which the service provider shall be liable shall never exceed the cover provided by the liability insurance of the service provider.
Article 6. Transfer of ownership and delivery
6.1. The delivered goods shall remain the property of the seller until full payment is received.
The risks are transferred to the buyer at the time of delivery.
6.2. Delivery is made at the risk of the buyer, who should take out insurance against possible damage. The risk transfers to the buyer from the moment the goods leave the seller's warehouse.
6.3. If the buyer wrongfully refuses to accept or collect the goods offered, he/she shall pay the resulting costs, such as storage costs and freight charges, irrespective of other compensations including the agreed price, interest and the fixed increase due to the seller.
Article 7. Force majeure
Any case of force majeure or fortuitous event shall automatically release the seller from any obligation, without the buyer being entitled to claim damages.
In case our company depends, for the fulfilment of its obligations, on deliveries by a third-party company, for example, these provisions shall also apply in case of force majeure or fortuitous events on the part of this third party, if the fulfilment of our obligations would be delayed or prevented as a result.
The following situations, among others, are considered force majeure: accidents, material breakage, exceptional weather conditions, fire, strikes, lockouts, theft and exceptional traffic disruption.
Article 8. Default clause
8.1. If the goods ordered or purchased are not collected immediately or at the agreed time, the seller has the right, without prior notice of default, to consider the purchase dissolved, regardless of the seller's right to compensation.
8.2. If a party has suspended its payments, has been declared bankrupt, or has applied for judicial reorganisation, the seller reserves the right to unilaterally terminate the agreement without prior notice of default, regardless of the seller's right to compensation.
Article 9. Dispute resolution
9.1. In case of dispute regarding the validity, interpretation, execution of, or any matter relating to the agreement, in short, for all disputes, only the courts of the territory of Poperinge (Belgium) shall have jurisdiction.
9.2. All our agreements are governed by Belgian law, to the exclusion of the Vienna Sales Convention and any other international regulation whose exclusion is permitted.
Article 10. Nullity
The nullity of one or more clauses of the agreement does not entail the nullity of the rest of the agreement.
The parties undertake to replace the void clause(s) with a legally valid clause, or clauses, that will correspond to the original intention of the parties and the spirit of the agreement, or as closely as possible thereto.
Article 11. Applicability
All our transactions are subject to our general terms and conditions. Deviation from these terms can only be made with our express written consent. The general terms and conditions of our contracting party are expressly excluded.
Article 12. Exoneration clause
Except as described in the present terms and conditions, we are not liable for any damages resulting directly or indirectly from goods delivered or sold by us.
We can only be held liable insofar as gross negligence or intent on our part and on the part of our appointees is proven and, in the case of several parties involved, only to the extent that our share of the liability is proven.
We are not responsible for intent or gross negligence of our appointees.
Article 13. Warning regarding product use
Motor and/or car racing are extremely dangerous sports. Our products do not guarantee against injuries and/or fatal accidents.
Products intended for use off public roads are therefore not approved and/or allowed for such use and are considered not to be used there.
We cannot be held liable if products intended for use on public roads are used for competitive purposes. Nor can we be held liable if products intended for competitive purposes are used on public roads.
It is up to the buyer to obtain sufficient information on the correct application and/or use of the products.