General Terms and Conditions
Terms and Conditions The Autosport Company
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 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Long-term Transactions: Duration, Termination and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 17 - Warning Regarding Use of Products
Article 18 - Limitation of Liability
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance agreement with the entrepreneur;
3. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
4. Day: calendar day;
5. Long-term transaction: a distance agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
6. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
7. Right of withdrawal: the consumer’s option to withdraw from the distance agreement within the cooling-off period;
8. Model form: the model withdrawal form made available by the entrepreneur, which the consumer can complete when they wish to exercise their right of withdrawal.
9. Distance agreement: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same room.
11. Terms and Conditions: these Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Trade name: The Autosport Company B.V.
Address: Schutweg 25
5145 NP Waalwijk
Telephone number: +31 (0)416 560 382
Available Monday to Friday: 09:00 – 17:00. We are closed on Saturdays and Sundays.
Email address: info@autosportcompany.nl
Chamber of Commerce number: 23093022
VAT number: NL808068568B01
Article 3 - Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.
In the event that specific product or service terms also apply in addition to these terms and conditions, the second and third paragraphs shall apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement without delay by a provision that approximates the intent of the original provision as closely as possible.
Situations not regulated in these terms and conditions shall be assessed “in the spirit” of these terms and conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions.
Article 4 - The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and details in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer. This specifically concerns:
a. the price including taxes;
b. any shipping costs;
c. the way in which the agreement will be concluded and which actions are required for this;
d. whether or not the right of withdrawal applies;
e. the method of payment, delivery and execution of the agreement;
f. the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
g. the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
h. whether the agreement will be archived after conclusion and, if so, how the consumer can consult it;
i. the way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding the agreement;
j. any other languages in which, in addition to Dutch, the agreement may be concluded;
i. the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
k. the minimum duration of the distance agreement in the case of a long-term transaction.
l. Available sizes, colors and types of materials.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or attach special conditions to its execution.
The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
When services are supplied, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, at most the costs of returning the goods shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return shipment has been provided. Refunds will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
h. for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services where performance has begun with the consumer’s express consent before the cooling-off period has expired;
Article 9 - The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within 3 months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Returned products must be sent back in the original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The manufacturer’s or trade marks, type numbers, identification numbers or signs applied to the goods delivered by the entrepreneur may not be removed, damaged or altered. If these type numbers, identification numbers or signs are not present on the product, the entrepreneur reserves the right not to provide warranty on the product concerned.
The warranty does not apply if:
a. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
b. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
c. The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
The place of delivery is the address provided by the consumer to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term Transactions: Duration, Termination and Renewal
The consumer may terminate an agreement entered into for an indefinite period and which concerns the regular delivery of products, including electricity, or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period and which concerns the regular delivery of products, including electricity, or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
a. at any time and shall not be limited to termination at a specific time or within a specific period;
b. at least in the same manner as they were entered into by the consumer;
c. always with the same notice period as the entrepreneur has stipulated for itself.
An agreement entered into for a fixed period and which concerns the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs previously made known to the consumer.
If the consumer fails to meet their payment obligation(s) on time, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, and payment is not made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the consumer, the entrepreneur’s claims against the consumer are immediately due and payable.
The entrepreneur has the option to charge a credit restriction surcharge of 2%. This surcharge is not due if payment is made within the payment term stated on the invoice.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. You can check whether the entrepreneur has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option of having the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
Article 17 – Warning Regarding Use of Products
Motor racing and autosport are extremely dangerous sports. Our products do not provide any guarantee against injuries and/or fatal accidents. The consumer is or should be aware of this danger.
Products intended for use outside public roads are not approved and/or permitted for use there and are not deemed to be used there.
The consumer must personally ensure the correct application and/or use of the products.
The entrepreneur is not liable if products intended for competition purposes are used by the buyer on public roads.
The entrepreneur is not liable if products intended for use on public roads are used by the consumer for competition purposes.
Article 18: Limitation of Liability
Neither the entrepreneur nor third parties engaged by it for the conclusion or execution of any agreement shall be liable for any damage arising from or related to the agreement that the consumer or any third party involved by the consumer in the execution of the agreement may suffer, directly or indirectly, regardless of the cause.
Without prejudice to the foregoing, the entrepreneur shall in any case never be liable:
a. for non-delivery or late delivery;
b. for information in brochures, catalogs, advertising materials, quotations, etc.;
c. in the event of non-attributable failures, also known as force majeure;
d. if the buyer or a third party repairs the delivered goods, makes changes to them, uses them for purposes other than those for which they are suitable or intended, overloads the delivered goods or otherwise uses them improperly;
e. for property belonging to third parties that is located in the entrepreneur’s business premises for repair, storage or any other reason;
f. for business damage and/or consequential damage, regardless of the cause;
g. for damage caused by intent or gross negligence of auxiliary persons;
h. If the entrepreneur is nevertheless liable for any damage in any case despite the above, the entrepreneur shall only accept liability insofar as this liability is covered by its insurance, up to the amount paid out by the insurance.
If the insurance does not pay out in any case, the entrepreneur shall never be liable for more than the invoice amount for the relevant agreement.
The consumer shall indemnify the entrepreneur against all claims from third parties against the entrepreneur.
The exclusions and/or limitations of liability included in these terms and conditions do not apply insofar as the damage is the result of intent or gross negligence by the entrepreneur or its managerial subordinates.
The terms and conditions of The Autosport Company can be downloaded in PDF format. Can’t open the file? Please download Adobe Reader first. Questions about our terms and conditions? You can contact us via our contact page.
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 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Long-term Transactions: Duration, Termination and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 17 - Warning Regarding Use of Products
Article 18 - Limitation of Liability
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance agreement with the entrepreneur;
3. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
4. Day: calendar day;
5. Long-term transaction: a distance agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
6. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
7. Right of withdrawal: the consumer’s option to withdraw from the distance agreement within the cooling-off period;
8. Model form: the model withdrawal form made available by the entrepreneur, which the consumer can complete when they wish to exercise their right of withdrawal.
9. Distance agreement: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same room.
11. Terms and Conditions: these Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Trade name: The Autosport Company B.V.
Address: Schutweg 25
5145 NP Waalwijk
Telephone number: +31 (0)416 560 382
Available Monday to Friday: 09:00 – 17:00. We are closed on Saturdays and Sundays.
Email address: info@autosportcompany.nl
Chamber of Commerce number: 23093022
VAT number: NL808068568B01
Article 3 - Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.
In the event that specific product or service terms also apply in addition to these terms and conditions, the second and third paragraphs shall apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement without delay by a provision that approximates the intent of the original provision as closely as possible.
Situations not regulated in these terms and conditions shall be assessed “in the spirit” of these terms and conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions.
Article 4 - The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and details in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer. This specifically concerns:
a. the price including taxes;
b. any shipping costs;
c. the way in which the agreement will be concluded and which actions are required for this;
d. whether or not the right of withdrawal applies;
e. the method of payment, delivery and execution of the agreement;
f. the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
g. the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
h. whether the agreement will be archived after conclusion and, if so, how the consumer can consult it;
i. the way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding the agreement;
j. any other languages in which, in addition to Dutch, the agreement may be concluded;
i. the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
k. the minimum duration of the distance agreement in the case of a long-term transaction.
l. Available sizes, colors and types of materials.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or attach special conditions to its execution.
The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
When services are supplied, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, at most the costs of returning the goods shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return shipment has been provided. Refunds will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
h. for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services where performance has begun with the consumer’s express consent before the cooling-off period has expired;
Article 9 - The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within 3 months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Returned products must be sent back in the original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The manufacturer’s or trade marks, type numbers, identification numbers or signs applied to the goods delivered by the entrepreneur may not be removed, damaged or altered. If these type numbers, identification numbers or signs are not present on the product, the entrepreneur reserves the right not to provide warranty on the product concerned.
The warranty does not apply if:
a. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
b. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
c. The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
The place of delivery is the address provided by the consumer to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term Transactions: Duration, Termination and Renewal
The consumer may terminate an agreement entered into for an indefinite period and which concerns the regular delivery of products, including electricity, or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period and which concerns the regular delivery of products, including electricity, or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
a. at any time and shall not be limited to termination at a specific time or within a specific period;
b. at least in the same manner as they were entered into by the consumer;
c. always with the same notice period as the entrepreneur has stipulated for itself.
An agreement entered into for a fixed period and which concerns the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs previously made known to the consumer.
If the consumer fails to meet their payment obligation(s) on time, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, and payment is not made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the consumer, the entrepreneur’s claims against the consumer are immediately due and payable.
The entrepreneur has the option to charge a credit restriction surcharge of 2%. This surcharge is not due if payment is made within the payment term stated on the invoice.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. You can check whether the entrepreneur has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option of having the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or Deviating Provisions
Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
Article 17 – Warning Regarding Use of Products
Motor racing and autosport are extremely dangerous sports. Our products do not provide any guarantee against injuries and/or fatal accidents. The consumer is or should be aware of this danger.
Products intended for use outside public roads are not approved and/or permitted for use there and are not deemed to be used there.
The consumer must personally ensure the correct application and/or use of the products.
The entrepreneur is not liable if products intended for competition purposes are used by the buyer on public roads.
The entrepreneur is not liable if products intended for use on public roads are used by the consumer for competition purposes.
Article 18: Limitation of Liability
Neither the entrepreneur nor third parties engaged by it for the conclusion or execution of any agreement shall be liable for any damage arising from or related to the agreement that the consumer or any third party involved by the consumer in the execution of the agreement may suffer, directly or indirectly, regardless of the cause.
Without prejudice to the foregoing, the entrepreneur shall in any case never be liable:
a. for non-delivery or late delivery;
b. for information in brochures, catalogs, advertising materials, quotations, etc.;
c. in the event of non-attributable failures, also known as force majeure;
d. if the buyer or a third party repairs the delivered goods, makes changes to them, uses them for purposes other than those for which they are suitable or intended, overloads the delivered goods or otherwise uses them improperly;
e. for property belonging to third parties that is located in the entrepreneur’s business premises for repair, storage or any other reason;
f. for business damage and/or consequential damage, regardless of the cause;
g. for damage caused by intent or gross negligence of auxiliary persons;
h. If the entrepreneur is nevertheless liable for any damage in any case despite the above, the entrepreneur shall only accept liability insofar as this liability is covered by its insurance, up to the amount paid out by the insurance.
If the insurance does not pay out in any case, the entrepreneur shall never be liable for more than the invoice amount for the relevant agreement.
The consumer shall indemnify the entrepreneur against all claims from third parties against the entrepreneur.
The exclusions and/or limitations of liability included in these terms and conditions do not apply insofar as the damage is the result of intent or gross negligence by the entrepreneur or its managerial subordinates.
The terms and conditions of The Autosport Company can be downloaded in PDF format. Can’t open the file? Please download Adobe Reader first. Questions about our terms and conditions? You can contact us via our contact page.
Contact
The Autosport Company
Schutweg 25
5145NP Waalwijk info@autosportcompany.nl +31 (0)416 - 56 03 82 
Assortment
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