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General terms and conditions BeNeDu-Racing
Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website, Shop or on the go-kart track. The General Terms and Conditions contain important information for you as a buyer. Please read this carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1. Definitions
1.1. BeNeDu-Racing: established in Coevorden and Emlichheim and registered with the Chamber of Commerce under registration number 59638516 trading under the name BeNeDu-Racing.
1.2. Website: the BeNeDu-Racing website, which can be consulted via www.beneduracing.com and all associated subdomains.
1.3. Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with BeNeDu-Racing and/or has registered on the Website.
1.4. Agreement: any agreement or agreement between BeNeDu-Racing and the Customer, of which agreement the General Terms and Conditions form an integral part.
1.5. General Conditions: the present General Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, Agreements and deliveries of BeNeDu-Racing, unless expressly agreed otherwise in writing.
2.2. If the Client includes provisions or conditions in its order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding on BeNeDu-Racing if and insofar as they have been expressly accepted by BeNeDu-Racing in writing.
2.3. In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to him.
Article 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from BeNeDu-Racing include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However, BeNeDu-Racing cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from BeNeDu-Racing are therefore subject to obvious programming and typing errors.
3.4. BeNeDu-Racing cannot be held responsible for (color) deviations due to screen quality.
3.5. Photos BeNeDu-Racing are purely indicative, and no rights can be derived from them.
Article 4. Conclusion of Agreement
4.1. The Agreement is concluded at the moment of acceptance by the Customer of the offer of BeNeDu-Racing and the fulfillment of the conditions set by BeNeDu-Racing.
4.2. If the Customer has accepted the offer electronically, BeNeDu-Racing will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
4.3. If it appears that when accepting or otherwise entering into the Agreement, the Customer has provided incorrect information, BeNeDu-Racing has the right to fulfill its obligation only after the correct information has been received.
4.4. BeNeDu-Racing can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If BeNeDu-Racing has good reasons on the basis of this investigation not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.
Article 5. Registration
5.1. In order to make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.
5.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3. Customer must keep his login details, username and password strictly confidential. BeNeDu-Racing is not liable for misuse of the login details and can always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customer's account is the responsibility and risk of Customer.
5.4. If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password and/or inform BeNeDu-Racing thereof as soon as possible, so that BeNeDu-Racing can take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as the order has been received by BeNeDu-Racing, BeNeDu-Racing will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
6.2. BeNeDu-Racing is entitled to engage third parties in the performance of the obligations arising from the Agreement.
6.3. The delivery time is in principle 2-5 days, provided that all items are in stock. The method of delivery can take place in different ways and is at the discretion of BeNeDu-Racing.
6.4. If BeNeDu-Racing cannot deliver the products within the agreed term, it will inform the Customer thereof through the various status messages from the webshop. In that case, the Customer can agree to a new delivery date or he is given the option to dissolve the Agreement free of charge.
6.5. BeNeDu-Racing advises the Customer to inspect the delivered products and to report the defects found within a reasonable time, preferably in writing. See the Article on warranty and conformity in more detail.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer sooner. If the Customer decides to collect the products, the risk is transferred upon transfer of the products.
6.7. BeNeDu-Racing is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.
Article 7. Right of withdrawal
7.1. This article only applies to the Customer, who is a natural person who is not acting in the exercise of his profession or business.
7.2. The customer has the right to dissolve the Agreement with BeNeDu-Racing concluded at a distance within 14 days after receipt of the product, without stating reasons, free of charge.
7.3. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
• if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, received the last shipment or the last part;
• in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
7.4. The customer must bear the return costs himself. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
7.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The customer will only open the packaging and only use the product to the extent necessary to check the nature, characteristics and functioning of products. The basic principle here is that this inspection may not go beyond what the Customer could do in a physical store.
7.6. Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in the previous paragraph.
7.7. The Customer can dissolve the Agreement in accordance with the term specified in paragraph 1 of this Article by sending the model withdrawal form (digitally) to BeNeDu-Racing, or by making it known in another unambiguous way to BeNeDu-Racing that he is canceling the purchase. In the event of a digital report, BeNeDu-Racing will confirm receipt of that report. After termination, the Customer has 14 days to return the product. It is also possible to return the product immediately within the reflection period specified in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.
7.8. Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same way that Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, BeNeDu-Racing does not have to reimburse the additional costs for the more expensive method. Unless BeNeDu-Racing offers to collect the product itself, BeNeDu-Racing may withhold payment until BeNeDu-Racing has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.
7.9. Information about whether or not the right of withdrawal is applicable and any desired procedure is clearly stated on the Website in good time before the Agreement is concluded.
7.10. The right of withdrawal does not apply to:
• Products created by the entrepreneur in accordance with the Customer's specifications;
• Loose newspapers and magazines as well as workshop manuals
• Audio and video recordings and computer software of which the Customer has broken the seal;
• Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery; (Balaclavas, Helmets, Clothing and accessories)
• The delivery of digital content other than on a tangible medium if the execution has started with the express prior consent of the Customer and he has declared that he thereby loses his right of withdrawal.
• The following articles do not apply within the right of withdrawal:
Balaclavas, Helmets, Clothing & Accessories
Special engine tools, including workshop manuals
7.11 Orders that have already been partially delivered, after which a right of withdrawal is applied, will be charged 15% administration costs.
7.12 Under no circumstances does a right of withdrawal apply to a business transaction, if BeNeDu-Racing does cancel an order, a minimum of 10% administration costs will be charged. Orders smaller than €250 will not be refunded, but will be deducted from the next order.
Article 8. Payment
8.1. The customer must make payments to BeNeDu-Racing in accordance with the payment methods indicated in the order procedure and possibly on the Website. BeNeDu-Racing is free to choose payment methods and they may change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
8.2. If the Customer does not meet his payment obligation(s) in time, he will be notified of the late payment by BeNeDu-Racing and BeNeDu-Racing has given the Customer a period of 14 days to still meet his payment obligations. , after failure to pay within this 14-day period, the statutory interest will be owed on the amount still owed and BeNeDu-Racing is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. BeNeDu-Racing can deviate from the stated amounts and percentages in favor of the Customer.
Article 9. Warranty and Conformity
9.1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If a separate guarantee is given by BeNeDu-Racing on the products, this applies to all types of Customers, without prejudice to what has just been stated.
9.2. BeNeDu-Racing guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. . If specifically agreed, BeNeDu-Racing also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product does not comply with the Agreement, the Customer must inform BeNeDu-Racing within a reasonable period of time after discovering the defect.
9.4. If BeNeDu-Racing considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. With due observance of the Article regarding liability, the maximum compensation is equal to the price paid by the Customer for the product.
9.5. Products that are excluded from warranty are:
Special engine tools, including workshop manuals
Article 10. Guarantee for business purchases
10.1. BeNeDu-Racing guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. . If specifically agreed, BeNeDu-Racing also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
10.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must inform BeNeDu-Racing of this within 2 days after delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc., if the product was delivered defective.
10.3. If BeNeDu-Racing considers the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
10.4. Products that are excluded from warranty are:
Special engine tools, including workshop manuals
Article 11. Complaints procedure
11.1. If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the services of BeNeDu-Racing, he can submit a complaint to BeNeDu-Racing by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
11.2. BeNeDu-Racing gives the Customer a response to his complaint as soon as possible, but in any case within 5 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, BeNeDu-Racing will confirm the complaint within 5 days of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or final response to the complaint. Customer's complaint.
11.3. Customer who is not acting in the exercise of his profession or business can also file a complaint via the European dispute resolution platform, which can be reached at http://ec.europa.eu/odr/.
Article 12. Liability
12.1. This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
12.2. The total liability of BeNeDu-Racing towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
12.3. Liability of BeNeDu-Racing towards the Customer for indirect damage, including in any case - but expressly not limited to - consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
12.4. Except for the cases mentioned in the previous two paragraphs of this Article, BeNeDu-Racing has no liability whatsoever towards the Customer for compensation, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of BeNeDu-Racing.
12.5. The liability of BeNeDu-Racing towards the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer gives BeNeDu-Racing immediate and proper written notice of default, setting a reasonable term to remedy the shortcoming, and BeNeDu-Racing also after that term. continues to fail to fulfill its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that BeNeDu-Racing is able to respond adequately.
12.6. A condition for the existence of any right to compensation is always that the Customer reports the damage in writing to BeNeDu-Racing as soon as possible, but at the latest within 30 days after it has arisen.
12.7. In the event of force majeure, BeNeDu-Racing is not obliged to compensate any damage caused to the Customer as a result.
Article 13. Retention of Title Business Purchases
13.1. All delivered goods remain the property of BeNeDu-Racing until all claims that BeNeDu-Racing has on the Business Customer (including any related (collection) costs and interest) have been paid in full.
13.2. Prior to the transfer of ownership referred to, the Business Customer is not authorized to sell, deliver or otherwise dispose of these items, other than in accordance with its normal business and the normal destination of the items. In addition, the Business Customer is not permitted to pledge these items or to grant third parties any other right thereto as long as the ownership of these items has not passed to the Business Customer.
13.3. Business Customer is obliged to store the goods delivered under retention of title carefully and as recognizable property of BeNeDu-Racing.
13.4. BeNeDu-Racing is entitled to take back the goods that have been delivered under retention of title and that are still present at the buyer's house if the Business Customer does not ensure timely payment of the invoices or is or is in danger of having payment difficulties.
13.5. Business Customer will at all times grant BeNeDu-Racing free access to its goods for inspection and/or to exercise the rights of BeNeDu-Racing.
Article 14. Personal data
14.1. BeNeDu-Racing processes the customer's personal data in accordance with European guidelines.
Article 15. Final provisions
15.1. Dutch law applies to the Agreement.
15.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where BeNeDu-Racing is located.
15.3. If a provision in these General Terms and Conditions is found to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.
15.4. In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
Haftenkamper Diek 29
Chamber of Commerce number: 59638516
VAT number: NL002183136B72