General terms and conditions

GENERAL TERMS AND CONDITIONS HMRACING

Article 1 – Definitions

In these general terms and conditions the following terms are understood to mean:

  • Entrepreneur : HMRACING, as further identified in Article 2;
  • Consumer : any natural person who acts for purposes which are outside his trade, business, craft or profession;
  • Agreement : any agreement concluded between an entrepreneur and a consumer;
  • Products : all items offered and delivered by the entrepreneur;
  • Durable medium : any instrument which enables the consumer to store information in a way accessible for future consultation.

Article 2 – Identity of the entrepreneur

HMRACING
Industrieweg 2F
4762 AE Zevenbergen
Tel: +31858200865

Email address: info@hmracing.eu

Chamber of Commerce number: 98421050
VAT identification number: NL004801792B64

Article 3 – Applicability

  1. These general terms and conditions apply to all offers made by the entrepreneur and to all agreements and orders concluded between the entrepreneur and the consumer, in particular distance contracts.
  2. Before concluding the agreement, the consumer will be informed of the content of these terms and conditions. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be viewed and that they will be provided free of charge upon request.
  3. If the agreement is concluded electronically, the general terms and conditions will be made available digitally in such a way that the consumer can easily save them.
  4. If, in addition to these general terms and conditions, additional product or service terms apply, the preceding paragraphs remain applicable. In the event of any conflict, the provision that is most favorable to the consumer shall prevail.
  5. If one or more provisions are found to be void or voidable, in whole or in part, the remaining provisions will remain in full force. The provision in question will be replaced by a provision that approximates the original intent as closely as possible.
  6. Situations not explicitly covered by these terms and conditions will be assessed in accordance with the intent and scope of these general terms and conditions.
  7. Any ambiguities regarding the interpretation of provisions shall also be interpreted in accordance with the spirit of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be clearly stated.
  2. All offers are without obligation and can be changed by the entrepreneur.
  3. The offer contains the most accurate description possible of the products and/or services. Obvious errors or mistakes are not binding on the entrepreneur.
  4. Images, specifications and other information are for information purposes only and do not entitle you to compensation or cancellation.
  5. Colour deviations and slight differences between image and product may occur and do not constitute a defect.
  6. Each offer contains information that clearly shows the consumer what rights and obligations are attached to its acceptance, including price, shipping costs, payment method, delivery, right of withdrawal and duration of the agreement.

Article 5 – Conclusion of the agreement

  1. The agreement is concluded as soon as the consumer accepts the offer and meets the conditions set therein.
  2. If you accept electronically, the entrepreneur will immediately confirm receipt. Until this confirmation has been sent, the consumer can cancel the agreement.
  3. The entrepreneur takes appropriate security measures for electronic transactions.
  4. The entrepreneur is entitled to assess the consumer's ability to meet their payment obligations prior to entering into an agreement. For valid reasons, an order may be refused or fulfilled under additional conditions.
  5. After the agreement has been concluded, the consumer will receive all relevant information in writing or digitally, including information about complaints, warranties and the right of withdrawal.
  6. In the case of ongoing agreements, this information obligation only applies to the first delivery.
  7. Agreements are entered into subject to sufficient availability of the products.

Article 6 – Right of withdrawal

  1. The consumer has the right to cancel the agreement within 14 days after receipt without giving any reason.
  2. During this period, the consumer must handle the product and packaging with care.
  3. Cancellation must be submitted in writing or by email within the cooling-off period. The product must then be returned within 14 days.
  4. If the item is not revoked or returned in time, the agreement will remain in effect.
  5. The right of withdrawal expires once the product has been assembled or the seal of an original product has been broken. Electrical products must be tested before installation; after installation, any warranty expires.

Article 7 – Costs in case of withdrawal

  1. Return shipping costs are the responsibility of the consumer.
  2. Refunds will be made within 14 days of cancellation, provided the product has been received or demonstrably returned.
  3. If free shipping has been applied and this expires due to a return, the original shipping costs may be deducted.

Article 8 – Exclusion of the right of withdrawal

  1. Exclusion of the right of withdrawal is only possible if this has been clearly stated in advance.
  2. The right of withdrawal can be excluded for, among other things:
  • custom products;
  • personalized items;
  • products that cannot be returned for hygienic reasons;
  • sealed audio, video and software products where the seal has been broken;
  • products with a limited shelf life.

Article 9 – Prices

  1. Prices will not be increased within the validity period of the offer, except for statutory VAT changes.
  2. Variable prices due to market fluctuations are stated as such.
  3. Price increases within three months are only permitted if legally required.
  4. All prices include VAT.
  5. Obvious printing or typographical errors do not entitle you to delivery at the incorrect price.

Article 10 – Conformity and warranty

  1. The entrepreneur guarantees that products comply with the agreement and legal requirements.
  2. Warranties do not affect consumer statutory rights.
  3. Defects must be reported in writing within 14 days of receipt.
  4. The warranty will be voided in the event of installation, modification or incorrect use.
  5. For electrical products, the warranty expires after installation.
  6. Warranty claims for lighting require demonstrable installation information.
  7. Damage or defects must be reported within 48 hours of receipt.

Article 11 – Delivery and execution

  1. Delivery is carried out with the utmost care.
  2. Delivery will take place at the address specified by the consumer.
  3. Delivery will take place within 30 days at the latest, unless otherwise agreed.
  4. In case of cancellation, the amount paid will be refunded within 14 days.
  5. The risk of damage or loss passes upon delivery to the consumer.
  6. Returns are at the consumer's risk if incorrectly packaged.

Article 12 – Long-term agreements

  1. Agreements for an indefinite period can be cancelled at any time with a notice period of up to one month.
  2. Tacit renewal for a fixed period is not permitted, except in cases of statutory exceptions.
  3. After one year, an agreement can always be terminated with a maximum notice period of one month.

Article 13 – Payment

  1. Payment must be made within 7 working days after the start of the cooling-off period.
  2. Any inaccuracies in payment details must be reported immediately.
  3. In case of non-payment, reasonable collection costs may be charged.

Article 14 – Complaints

  1. Complaints must be submitted in writing within 7 days of detection.
  2. Complaints will be answered within 14 days.
  3. If no solution is reached, a dispute arises.
  4. Complaints do not suspend obligations.
  5. Justified complaints will be repaired or replaced at your discretion.
    Complaints can also be submitted via the European ODR platform.

Article 15 – Disputes

  1. All agreements are exclusively governed by Dutch law.
  2. The Vienna Sales Convention is excluded.

Article 16 – Liability

  1. The consumer is responsible for installation and use of the products.
  2. The entrepreneur is not liable for damage after installation, including theft, fire damage, installation errors, violations of the law, or expiration of the manufacturer's warranty.
  3. After installation, electrical products are not covered by any liability of the entrepreneur.