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General Terms and Conditions EU

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 the Event of Withdrawal

  • Article 8 – Exclusion of the Right of Withdrawal

  • Article 9 – The Price

  • Article 10 – Conformity and Warranty

  • Article 11 – Delivery and Performance

  • Article 12 – Continuing Transactions: Term, Termination and Renewal

  • Article 13 – Payment

  • Article 14 – Complaints Procedure

  • Article 15 – Disputes

  • Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off Period: the period within which the Consumer may make use of their Right of Withdrawal.
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the Entrepreneur.
Day: calendar day.
Continuing Transaction: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over time.
Durable Data Carrier: any tool that enables the Consumer or the Entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: the option for the Consumer to withdraw from the distance contract within the Cooling-off Period.
Model Withdrawal Form: the model form for withdrawal made available by the Entrepreneur which the Consumer can fill in when they wish to exercise their Right of Withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to Consumers at a distance.
Distance Contract: a contract concluded within the framework of a system organised by the Entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication.
Means of Distance Communication: a means that can be used for concluding a contract without the Consumer and the Entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the Entrepreneur

Sim Race Webshop B.V.
Vlierbessenstraat 8
1326 JH Almere
The Netherlands
T +31 (0)85 200 6202
E info@simracewebshop.com
KVK (Chamber of Commerce): 85163937
VAT No.: NL863531611B01

Article 3 – Applicability

These General Terms and Conditions apply to every offer from the Entrepreneur and to every distance contract and order concluded between the Entrepreneur and the Consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the General Terms and Conditions can be inspected at the Entrepreneur’s premises and will be sent free of charge as soon as possible at the Consumer’s request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the Consumer by electronic means in such a way that it can be stored by the Consumer on a Durable Data Carrier in an easy way. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge at the Consumer’s request, either electronically or otherwise.

In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the Consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions shall remain in force for the remainder and the relevant provision shall be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.

Situations not covered by these General Terms and Conditions must be assessed ‘in the spirit’ of these General Terms and Conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our conditions must be interpreted ‘in the spirit’ of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

The offer is without obligation. The Entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. 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 do not bind the Entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a truthful representation of the products offered. The Entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.

Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes;

  • any costs of shipping;

  • the manner in which the agreement will be concluded and which actions are required for this;

  • whether or not the Right of Withdrawal applies;

  • the method of payment, delivery and performance of the agreement;

  • the period for accepting the offer, or the period within which the Entrepreneur guarantees the price;

  • the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate for the means of communication used;

  • whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the Consumer;

  • the way in which the Consumer, before concluding the agreement, can check and, if desired, restore the data provided by them in the context of the agreement;

  • any languages in which, in addition to Dutch, the agreement can be concluded;

  • 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

  • the minimum duration of the distance contract in the event of a Continuing Transaction.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the Consumer of the offer and the fulfilment of the conditions thereby stipulated.

If the Consumer has accepted the offer by electronic means, the Entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. 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 organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures for this purpose.

The Entrepreneur may, within legal frameworks, obtain information as to whether the Consumer can meet their payment obligations, as well as about all facts and factors relevant to a responsible conclusion of the distance contract. 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, giving reasons, or to attach special conditions to the performance.

The Entrepreneur shall provide the following information to the Consumer with the product or service, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a Durable Data Carrier:

  • the visiting address of the Entrepreneur’s business where the Consumer can lodge complaints;

  • 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;

  • information about warranties and existing after-sales service;

  • the data included in Article 4 paragraph 3 of these conditions, unless the Entrepreneur has already provided this data to the Consumer prior to the performance of the agreement;

  • 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 Continuing Transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

For delivery of products:
When purchasing products, the Consumer has the possibility to dissolve the agreement without giving any reasons within 30 days. This Cooling-off Period starts on the day after the Consumer, or a representative previously designated by the Consumer and made known to the Entrepreneur, has received the product.

During the Cooling-off Period, the Consumer shall handle the product and the packaging with care. The Consumer shall unpack or use the product only to the extent necessary to determine whether the Consumer wishes to keep the product. If the Consumer makes use of the Right of Withdrawal, the Consumer shall return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.

If the Consumer wishes to make use of the Right of Withdrawal, the Consumer is obliged to notify the Entrepreneur of this within 14 days after receipt of the product. The Consumer must make this notification using the Model Withdrawal Form or by another means of communication such as email. After the Consumer has indicated that they wish to exercise the Right of Withdrawal, the Consumer 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, after expiry of the terms mentioned in paragraphs 2 and 3, the Consumer has not indicated that they wish to exercise the Right of Withdrawal and/or has not returned the product to the Entrepreneur, the purchase is a fact.

For delivery of services:
In the case of delivery of services, the Consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, commencing on the day of the conclusion of the agreement.

To make use of the Right of Withdrawal, the Consumer shall follow the reasonable and clear instructions provided by the Entrepreneur with the offer and/or at the latest upon delivery in this regard.

Article 7 – Costs in the Event of Withdrawal

If the Consumer makes use of the Right of Withdrawal, at most the costs of return shipment shall be for their account.

If the Consumer has paid an amount, the Entrepreneur shall refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition for this is that the product has already been received back by the web retailer or conclusive proof of complete return shipment can be provided. Refunds shall be made via the same payment method used by the Consumer unless the Consumer expressly agrees to a different payment method.

In the event of damage to the product due to careless handling by the Consumer, the Consumer is liable for any depreciation in value of the product.

The Consumer cannot be held liable for depreciation in value of the product if the Entrepreneur has not provided all legally required information about the Right of Withdrawal; this must be done before the purchase agreement is concluded.

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. Exclusion of the Right of Withdrawal is only possible if the Entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the Right of Withdrawal is only possible for products:

  • that are produced by the Entrepreneur according to the Consumer’s specifications;

  • that are clearly of a personal nature;

  • that cannot be returned due to their nature;

  • that can spoil or age quickly;

  • whose price is subject to fluctuations in the financial market over which the Entrepreneur has no influence;

  • for single newspapers and magazines;

  • for audio and video recordings and computer software of which the Consumer has broken the seal;

  • for hygienic products of which the seal has been broken by the Consumer.

Exclusion of the Right of Withdrawal is only possible for services:

  • relating to accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

  • the delivery of which has begun with the express consent of the Consumer before the Cooling-off Period has expired;

  • relating to betting and lotteries.

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 due to changes in VAT rates.

In deviation from the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the Entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions; or

  • the Consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices stated in the offer of 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 and 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, with the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. 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 legal 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 2 months after discovery of the defect.

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 warranty does not apply if:

  • the Consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;

  • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the Entrepreneur and/or on the packaging;

  • the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The Entrepreneur shall exercise the greatest possible care when receiving orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the Consumer has made known to the company.

With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the Consumer shall be informed of this at the latest 30 days after the order was placed. In that case, the Consumer has the right to dissolve the agreement free of charge. The Consumer is not entitled to compensation.

All delivery terms are indicative. The Consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the Consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, the Entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. For replacement items, the Right of Withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 – Continuing Transactions: Term, Termination and Renewal

Termination
The Consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of at most one month.

The Consumer may terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term with due observance of the agreed termination rules and a notice period of at most one month.

The Consumer may terminate the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or during a specific period;

  • at least in the same way as they were concluded by the Consumer;

  • always with the same notice period as the Entrepreneur has stipulated for themselves.

Renewal
A contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

By way of derogation from the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the Consumer can terminate this extended contract towards the end of the extension with a notice period of at most one month.

A contract concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in the event the contract extends to the regular, but less than once a month, delivery of daily, news and weekly papers and magazines.

A contract with limited duration for the regular delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the Consumer may terminate the contract at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the Consumer must be paid within 7 working days after the start of the Cooling-off Period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the Consumer has received the confirmation of the agreement.

The Consumer has the duty to report inaccuracies in provided or stated payment details to the Entrepreneur without delay.

In the event of non-payment by the Consumer, the Entrepreneur has the right, subject to legal limitations, to charge the Consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

The Entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the Entrepreneur within 2 months after the Consumer has discovered the defects, fully and clearly described.

Complaints submitted to the Entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur shall reply within the 14-day period with a notice 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 settlement procedure.

In the first instance, a Consumer must address their complaint to the Entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the Consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/.

Article 15 – Disputes

Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions relate, even 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 General Terms and Conditions may not be to the detriment of the Consumer and must be laid down in writing or in such a way that they can be stored by the Consumer in an accessible manner on a Durable Data Carrier.