B2B / Dealer accounts:
Registered dealers are subject to a separate B2B policy for orders placed via the B2B portal. Review it here.

GENERAL TERMS AND CONDITIONS ONLINE SALES (B2C)

Article 1: Definitions
1. Dutch Performance Products, trade name tuningsupply.com, established in 2018 in Siddeburen, Netherlands, Chamber of Commerce number 97671959, is referred to as seller in these general terms and conditions.
2. The seller's counterparty is referred to as the buyer in these general terms and conditions.
3. The parties are the seller and the buyer together.
4. The agreement means the purchase agreement between the parties.

Article 2: Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.

Article 3: Payment
1. The full purchase price is always paid immediately in the store. When making reservations, in some cases a deposit is expected. In that case, the buyer will receive proof of the reservation and the prepayment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4: Offers, quotations and price
1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that term, the offer will lapse.
2. Delivery times in quotations are indicative and if they are exceeded, they do not entitle the buyer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must agree this expressly and in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5: Right of withdrawal
1. The consumer has the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period starts on the day on which the consumer, or a third party designated by the consumer other than the carrier, receives the goods.
2. To exercise the right of withdrawal, the consumer must notify us of their decision within the 14-day withdrawal period. The return may be registered through our returns portal or by email.
3. After notifying us of the withdrawal, the consumer must return the goods without undue delay and no later than 14 days after the notification.
4. We will reimburse all payments received from the consumer, including the cost of standard delivery, no later than 14 days after we receive the withdrawal notification. We may withhold reimbursement until we have received the returned goods or proof that they have been returned, whichever occurs first.
5. The consumer is only liable for any reduction in value resulting from handling the goods beyond what is necessary to establish their nature, characteristics and functioning.

Article 6: Amendment of the agreement
1. If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. The seller will inform the buyer of this as soon as possible.
3. If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in advance in writing.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement will result in this price being exceeded.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to it.

Article 7: Completion and transfer of risk
1. As soon as the purchased item has been received by the buyer, the risk is transferred from seller to buyer.

Article 8: Research, complaints
1. The buyer is obliged to inspect the delivered goods at the time of delivery or delivery, but in any case within the shortest possible period of time. In doing so, the buyer must investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply in normal (trade) traffic.
2. Complaints with regard to damage, shortages or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days after the day of delivery of the goods.
3. If the complaint is declared well-founded within the stipulated period, the seller has the right to either repair, or to deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
4. Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be invoked against the seller.
5. Complaints with regard to a certain product do not affect other products or parts belonging to the same agreement.
6. After the goods have been processed by the buyer, no further complaints will be accepted.

Article 9: Samples and models
1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication, without the item to be delivered having to comply with it. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.
2. In the case of agreements relating to immovable property, a statement of the surface area or other dimensions and indications is also presumed to be only intended as an indication, without the item to be delivered having to correspond to this.

Article 10: Delivery
1. We deliver goods using the shipping method selected by the consumer at checkout. Available delivery options, delivery costs and estimated delivery times are shown at checkout and in our Shipping Policy.
2. The consumer must provide complete and accurate delivery and contact information. Delivery times may be affected if the information provided is incomplete or incorrect.
3. Delivery times are estimates unless we have expressly agreed otherwise in writing. If we expect a significant delay, we will inform the consumer as soon as reasonably possible.
4. The risk of loss of or damage to the goods passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier, has acquired physical possession of the goods.
5. We may deliver an order in instalments where this is reasonably necessary. We will not charge additional delivery costs unless the consumer has expressly agreed to them.

Article 11: Force majeure
1. Neither party is liable for a failure or delay in performing its obligations under the agreement if this is caused by force majeure.
2. Force majeure includes circumstances beyond the reasonable control of a party, including supplier failures, transport disruptions, strikes, fire, flood, severe weather, power outages, government measures, war, terrorism, civil unrest and interruptions to utilities or communications.
3. The affected party will notify the other party as soon as reasonably possible and will use reasonable efforts to minimise the effects of the force-majeure event.
4. If force majeure continues for more than 30 calendar days, either party may terminate the affected agreement in writing without liability for damages.

Article 12: Transfer of rights
1. Rights of either party under this Agreement are not transferable without the prior written consent of the other party. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Article 13: Retention of title and right of retention
1. The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke its retention of title and take back the goods.
2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid after all. Then there is creditor default. In that case, a late delivery cannot be invoked against the seller.
3. The seller is not authorized to pledge or in any other way encumber the goods subject to retention of title.
4. The seller undertakes to insure the goods delivered to the buyer subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. In that case, the item will not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

Article 14: Liability
1. Any liability for damage arising from or in connection with the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
2. The seller's liability for damage resulting from intent or willful recklessness on the part of the seller or his managerial subordinates is not excluded.

Article 15: Complaint obligation
1. The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.
2. If a complaint is justified, the seller is obliged to repair the good and possibly replace it.

Article 16: Warranties
1. If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty is valid for a period of two calendar years after receipt of the sold item by the buyer.
2. The guarantee referred to is intended to bring about a distribution of risk between the seller and the buyer such that the consequences of a breach of a guarantee are always fully at the expense and risk of the seller and that the seller can never invoke article 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known by conducting an investigation.
3. The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use or if - without permission - the buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended. .
4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.

Article 17: Applicable law and competent court
1. Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where Dutch Performance Products, trade name tuningsupply.com is established/has its practice/has its office, is exclusively competent to take cognizance of any disputes between parties, unless the law prescribes otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If in legal proceedings one or more provisions of these general terms and conditions are regarded as unreasonably onerous, the other provisions will remain in full force and effect.

Complaints

It can always happen that something does not go entirely as planned. We recommend that you first report complaints to us by sending an email to support@tuningsupply.com

If this does not lead to a solution, it is possible to register your dispute for mediation via WebwinkelKeur via https://www.webwinkelkeur.nl/consument/geschil/.