General terms and conditions

General terms and conditions - Track Support BV

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - Force majeure
Article 12 - The price
Article 13 - Fulfilment and additional guarantee
Article 14 - Delivery and execution
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 19 - Registration
Annex I: Model withdrawal form

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the entrepeneur or by a third party on the basis of an arrangement between that third party and the entrepeneur;
Grace period: The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: a contract between the entrepeneur and the consumer concluded as part of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the moment at which the contract is concluded, sole or joint use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal with regard to his order;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Track Support BV
Business address: Meerkoetweg 38 - 7331 CR Apeldoorn
Address of the store: Ketellapperstraat 19 - 9403 VS Assen
Phone Number: +31 626260615
E-mail address: info@tracksupport.nl
Chamber of Commerce number: 82975841
VAT Number: NL86267739B01

Article 3 - Applicability

These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepeneur will indicate, before the distance contract is concluded, the way in which the general conditions can be viewed at the entrepeneur's premises and that they will be sent free of charge to the consumer as quickly as possible, at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or errors in the offer will not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
If the consumer has accepted the offer electronically, the entrepeneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepeneur, the consumer may dissolve the contract.
If the agreement is created electronically, the entrepeneur will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the limits of the law - to inform the consumer of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepeneur has good reason not to enter into the contract, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
No later than at the time of delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:
the visiting address of the entrepeneur's business establishment where the consumer can lodge complaints;
the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
information on warranties and existing after-sales service;
the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model form for withdrawal.
In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal

The right of withdrawal is excluded for products made/ordered to your specification such as tyres.

The consumer can terminate an agreement related to the purchase of a product during a reflection period of 14 days without giving any reason. The entrepeneur may ask the consumer about the reason for the cancellation, but may not oblige the consumer to disclose his reason(s).
The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
If the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him, the last shipment or the last part has received;*
B2B Business orders are excluded from the right of withdrawal.

*in the case of contracts for regular delivery of products during a specific period: the day on which the consumer or a third party designated by him has received the first product.

Extended cooling off period for products, services and digital content which is not supplied on a tangible medium in the absence of information about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period, as stipulated in the previous paragraphs of this article.
If the entrepeneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will end 14 days after the day on which the consumer received this information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from a manner of handling the product that goes beyond what is permitted in
paragraph 1.
The consumer is not liable for any reduction in value of the product if the entrepeneur has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he shall notify this within the cooling-off period by means of an e-mail to: info@tracksupport.nl
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he sends the product back before the period has expired.
The consumer sends the product back with all accessories, if reasonably possible in original condition and packaging, and according to the entrepeneur provided reasonable and clear instructions.
The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepeneur makes it possible for the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt of this notification without delay.
The entrepreneur will reimburse the payments of the consumer (excluding any shipping costs). The payment takes place within 14 days after receipt. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepeneur can exclude the following products and services from the right of withdrawal, but only if the entrepeneur clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

Tailor-made products for the customer
Items which by their nature require a one-off order from the manufacturer

Article 11 - Force majeure

Track Support BV is not obliged to fulfill any obligation towards the consumer if she is hindered due to a circumstance that is not due to negligence, and by virtue of law, a legal act or generally accepted practice.
In addition to the provisions of the law and jurisprudence, force majeure is also understood to include all external causes, whether anticipated or not, which are beyond the control of Track Support BV, but which prevent Track Support BV from fulfilling her obligations. Strikes in the company of Track Support BV or third parties are also included. Track Support BV reserves the right to invoke force majeure if circumstances arise that prevent further fulfillment of the agreement, after Track Support BV should have fulfilled its obligation.
Track Support BV may, during the period of force majeure, suspend the obligations under the agreement. If this period lasts longer than two months, either party is entitled to dissolve the agreement without any obligation to compensate the other party for damages.
For as much as Track Support BV, at the time of the occurrence of force majeure, has fulfilled its obligations under the agreement or will be able to fulfil them and that part fulfilled or to be fulfilled has independent value, Track Support BV is entitled to separately invoice the part already fulfilled or to be fulfilled respectively. The consumer is obliged to pay this invoice as if it were a separate agreement.

Article 12 - The price

All prices stated on the website and in other materials originating from Track Support BV include VAT and, unless otherwise stated on the website, other government levies.
The shipping costs depend on the option chosen, they will be displayed in the ordering process.
The content of the website is composed with the greatest care. Track Support BV can not guarantee that all information on the website is at all times correct and complete. All prices and other information on the website and in other materials provided by Track Support BV are therefore subject to programming and typing errors. Short-term price changes imposed on Track Support BV by its suppliers may also not be correct.
The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 13 - Fulfilment of agreement and additional guarantee

The entrepeneur guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date on which the contract was concluded.
You acknowledge the fact that Track Support BV, management and employees, accept no liability for any form of damage caused by products supplied and/or manufactured by its suppliers. Track Support BV cannot be held responsible for the assembly of the purchase. You agree that this limitation of liability is comprehensive and applies to all direct, indirect, special, incidental, far-reaching and consequential damages without limitations.
The parts/tyres/accessories and other products offered on the webshop, during paddock service and at the sales address are designed and manufactured for motorsports, for both regular and professional use and are therefore sold "without guarantee". Track Support BV accepts no liability whatsoever with regard to the quality, safety and/or performance of the products.
The motorcycle of the customer can, when using certain parts sold on this site no longer meet the homologation requirements and legislation as required by law by RDW for vehicles participating in public road traffic. It is the customer's own responsibility to assess whether the modifications to the motorcycle are street legal.
Technical advice, in whatever form, is given by us to the best of our knowledge, but no liability is accepted.
An additional guarantee provided by the entrepeneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can enforce against the entrepeneur if the entrepeneur has failed to fulfill his part of the agreement.
By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.

Article 14 - Delivery and execution

The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur. Track Support BV cannot be held liable when a product is not delivered due to an incorrect address.
Subject to what is stated in Article 4 of these terms and conditions, accepted orders will be deliverd within than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty.
After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
Track Support BV is not liable for the risk of damage and / or loss of products resides until the time of delivery to the consumer

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts payable by the consumer should be paid when placing the order on the website www.tracksupport.nl by a payment method chosen by the consumer. Unless otherwise specified by Track Support BV. Track Support BV is free to choose the methods of payment and these may also change from time to time.
The consumer has the duty to report immediately to the entrepeneur if inaccuracies in data are supplied or in the specified payment method.
If the consumer does not meet his payment obligation(s) on time, he shall, after being reminded by the proprietor of the lateness and after the proprietor has allowed the consumer a period of 14 days to meet his payment obligations as yet, owe the statutory interest on the amount due and the proprietor has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over amounts outstanding up to € 2500; 10% over the following €
2500 and 5% over the following € 5000, with a minimum of € 40. The proprietor can deviate from the amounts and percentages referred to in the paragraph in favour of the consumer.
As long as the consumer has not made full payment for the entire amount agreed upon, all goods delivered will remain the property of Track Support BV.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
Complaints submitted to the entrepeneur will be replied to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepeneur will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
For complaints, a consumer should first of all turn to the entrepreneur. If there is still no solution, the consumer has the possibility of his complaint to be handled by, for example, an independent dispute resolution committee, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee is a cost that the consumer must pay to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 17 - Disputes

Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law.
The parties will first make every effort to reach an agreement in mutual consultation before taking further steps.

Article 18 - Additional or different provisions

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

Article 19 - Registration

To make optimal use of the website, the consumer can register via the registration form/account login option on the website. During the registration procedure the consumer chooses a username and password with which he/she can log on to the website after registration. Consumer is responsible for choosing a sufficiently reliable password. Consumer must keep his / her login strictly confidential. Track Support BV is not liable for abuse of the login and may always assume that the consumer logs on to the website is actually that consumer. Everything that happens through the account of the consumer is the responsibility and risk of the consumer. If the consumer is aware or suspects that his / her login details have come into the hands of unauthorized parties, he / she must change the password as soon as possible and inform Track Support BV.

Article 20 - Return Policy

If Track Support BV has delivered an item incorrectly, it must be reported as soon as possible but within 7 days. Track Support BV will then return the item free of charge and credit the customer for 100%.
To return items for other reasons, please contact Track Support BV. These items must be returned to us at your own expense. Items must be returned within 2 weeks to be eligible for credit.
The following applies to any article to be returned:
- The article must not be damaged.
- The article should not have been installed / assembled.
- The article must be in the original, undamaged and unused packaging. This means that stickers and seals should be undamaged.
- Items ordered especially for you do not qualify for a credit.
- There must always be a copy of the original invoice and a written reason for return to be sent. If this is missing we can unfortunately not accept the return.

Annex I: Model withdrawal form
Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

- To:
Track Support BV
Ketellapperstraat 19
9403 VS Assen
email: info@tracksupport.nl
- I/We* hereby give notice that I/We* have decided to terminate our agreement on the sale of the following products: [product designation]*

recalls/revokes*

- Ordered on*/received on* [date of order for services or date of receipt for products].
- Name of consumer(s)]
- Address of consumer(s)]
- Signature of consumer(s)] (only if this form is notified on paper)

* Delete what does not apply or fill in what applies