General Terms and Conditions


General Terms and Conditions for AQP rc off road racing, drafted 01-03-2014

1. Applicability
1.1 To all offers, orders and agreements of AQP rc off road racing, these General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to the exclusion of any other general terms and conditions.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the remaining provisions will remain in full force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for AQP rc off road racing, are equally stipulated for intermediaries and other third parties
2. Agreement
2.1 An agreement is only concluded after acceptance of your order by AQP rc off road racing is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, AQP rc off road racing will communicate this within 10 working days after receiving the order.

3. Prices / Offers

3.1 All offers of AQP rc off road racing are without obligation and AQP rc off road racing explicitly reserves the right to change the prices, in particular when this is required by (legal) regulations.
3.2 All prices are stated in euros, including VAT and excluding shipping costs.

4. Return shipments
4.1 You can return all items within 14 days of receipt, after which you will receive your money back. However, it is explicitly so that the sealing / packaging of the articles must not be broken and the articles must be delivered to AQP rc off road racing in intact condition. This is in accordance with the Distance Selling Act. Unfortunately, if this aspect is not taken into account, we cannot take back the articles and cannot cancel the payment.
4.2 You are obliged to check whether the items delivered to your meets the order. If this is not the case, you must report this within 3 days by e-mail to AQP rc off road racing, stating the order number in the subject of your e-mail, and a clear explanation why the item does not comply. AQP rc off road racing will replace the item or cancel your payment if it is demonstrated that you do not accept the item for legitimate reasons.
4.3 In the exceptional case that an item is sent to you that does not comply with the order, AQP rc off road racing reserves the right to replace the item with a new copy or to return the amount paid. AQP rc off road racing takes care of the return shipping costs in this case.

4.4 If you send something back, follow these steps:
• Send an e-mail to info@aqprcoffroadracing.com so that we can expect your shipment. PLEASE NOTE: Indicate in the subject of the e-mail the order number or invoice number that you have received via e-mail.
• Pack the items in such a way that damage is avoided.
• Address the articles

5. Payments
5.1 Payment must be made without discount or compensation within 8 days after the invoice date if it concerns deliveries within the Netherlands, and within 14 days after the invoice date if it concerns deliveries outside the Netherlands, unless otherwise agreed in writing.
5.2 If the payment term is exceeded, you will be in default from the day that payment should have been made and from that day you will owe default interest of 1% per month or part of a month on the outstanding amount. If payment takes place after a reminder by AQP rc off road racing you owe an amount of € 22.69 in administration costs and if AQP rc off road racing outsources its claim for collection, you also owe the collection costs, which is at least 15% of the outstanding amount amount, without prejudice to the power of AQP rc off road racing to claim the actually incurred extrajudicial collection costs instead.

5.3 If you are in default with any payment, AQP rc off road racing is entitled to suspend (the implementation of) the relevant agreement and related agreements, or to dissolve it.
5.4 If the prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within 10 days after notification of the price increase by AQP rc off road racing.

6. Delivery
6.1 The delivery times specified by AQP rc off road racing are only indicative. Exceeding any delivery time does not entitle you to compensation or the right to cancel your order or terminate the agreement, unless the delivery time is exceeded in such a way that you cannot reasonably be expected to uphold the agreement. In that case you are entitled to cancel the order or to dissolve the agreement to the extent that this is necessary.
6.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.

7. Retention of title
7.1 The ownership of the products supplied will only transfer if you have paid everything you owe to AQP rc off road racing on the basis of any agreement. The risk with regard to the products is transferred to you at the time of delivery.
8. Complaints and liability
8.1 You have the obligation to examine on delivery whether the products meet the agreement. If this is not the case, you must inform AQP rc off road racing as soon as possible and in any case within 3 days after the delivery, or at least after observation was reasonably possible, in writing and with reasons.
8.2 If it has been demonstrated that the products do not comply with the agreement, AQP rc off road racing has the choice to replace the products in question with new products or to refund the invoice value thereof
8.3 If you do not wish to purchase a product for any reason, you have the right to return the product to AQP rc off road racing within 14 days of delivery. In this case, return shipments are only accepted if the product and the original packaging are undamaged, whereby the costs for return shipments are for your account.

9. Electronic communication and proof
9.1 For misunderstanding, mutilation, delays or improper transmission of data and messages as a result of the use of the Internet or any other means of communication in traffic between the customer and AQP rc off road racing (or third parties engaged by the customer), AQP rc is off road racing is not liable, unless and insofar as there is intent or gross negligence on the part of AQP rc off road racing.
9.2 The administration of AQP rc off road racing is considered as complete proof of the existence, content and execution of the agreement with the customer in any legal proceedings, up to proof to the contrary by the party, who invokes the fact that the proof is not reliable.
10.1 Without prejudice to the other rights it is entitled to, AQP rc off road racing has the right, in its own choice, to suspend the execution of your order or to dissolve the agreement without judicial intervention, this by you. to communicate in writing and without AQP rc off road racing being obliged to pay any compensation, unless this would be unacceptable by the standards of reasonableness and fairness in the given circumstances.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to AQP rc off road racing, because it is not due to its fault and is not for its account under the law, legal act or generally accepted beliefs.
11. Miscellaneous
11.1 If one or more of the provisions of these Terms and Conditions or any other agreement with AQP rc off road racing should conflict with any applicable legal provision, the relevant provision will lapse and it will be replaced by an AQP rc off road racing new legally permissible comparable provision to be adopted.
11.2 AQP rc off road racing is authorized to make use of third parties in the execution of your order (s).
12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.