Terms and Conditions for B2B Customers
Sim Race Webshop B.V.
Vlierbessenstraat 8
1326 JH Almere
Netherlands
Phone Number: +31 (0) 85 200 6202
Email: info@simracewebshop.com
Chamber of Commerce Number: 85163937
VAT Number: NL863531611B01
1. Definitions
1.1 "Webshop": Sim Race Webshop B.V., located in Almere, the Netherlands, operating under the name Sim Race Webshop.
1.2 "Customer": Any party entering into an agreement with the Webshop, in this case, a business, institution, or other commercial entity.
1.3 "Agreement": Any agreement entered into between the Webshop and the Customer, including sales and delivery contracts, offers, and order confirmations.
1.4 "Products": All products offered and delivered by the Webshop to the Customer.
2. General
2.1 These terms and conditions apply to all offers, agreements, deliveries, and services provided by the Webshop to the Customer, unless expressly agreed otherwise.
2.2 By placing an order, entering into an agreement, or accepting an offer, the Customer agrees to these terms and conditions.
2.3 The Webshop reserves the right to modify these terms and conditions at any time. Any changes will take effect from the moment the Customer is notified in writing.
3. Offers and Agreements
3.1 All offers made by the Webshop are non-binding and may be withdrawn or amended by the Webshop at any time, unless expressly stated otherwise.
3.2 An agreement is concluded when the Webshop confirms the Customer’s order in writing (via email), or when the Webshop delivers the product, whichever occurs first.
3.3 The Webshop reserves the right to refuse an order or cancel an agreement if the Customer is unable to fulfill their obligations, or if incorrect information was provided when placing the order.
4. Prices and Payment
4.1 All prices are exclusive of VAT, unless stated otherwise.
4.2 Payment must be made in advance, unless agreed otherwise. Payments can be made through the payment methods indicated on the Webshop’s website.
4.3 If payment is not made on time, the Webshop has the right to suspend or terminate the agreement without being liable for any damages that may result for the Customer.
4.4 If the Customer defaults on payment, they must also pay the statutory interest and any reasonable legal costs incurred by the Webshop.
5. Delivery
5.1 Products will be delivered to the address provided by the Customer. The Webshop will make efforts to deliver the order within the agreed timeframe, but delivery times are indicative and may vary.
5.2 The risk of loss or damage to the products passes to the Customer at the time of delivery, even if delivery does not occur within the agreed timeframe.
6. Ownership and Risk
6.1 Ownership of the products transfers to the Customer only once full payment for the products has been made.
6.2 The risk of loss or damage to the products passes to the Customer at the time of delivery, even if ownership has not yet transferred.
7. Warranty and Returns
7.1 No Returns: The Webshop does not accept returns for products. All orders are final once placed and confirmed by the Customer.
7.2 Warranty: The Webshop provides the standard manufacturer’s warranty for all delivered products. The warranty does not cover damage caused by misuse, accidents, or alterations to the product by the Customer. Complaints about defects can only be made within the warranty period of the product.
7.3 Exclusion of Returns: Returns are excluded for all products, including products that have been customized or specially ordered for the Customer.
8. Intellectual Property
8.1 All intellectual property rights related to the products, the Webshop’s website, and provided materials remain the property of the Webshop or its licensors at all times.
8.2 The Customer is not entitled to reproduce, copy, modify, decompile, or otherwise use the products, materials, or data from the Webshop without prior written consent.
9. Liability
9.1 The Webshop is not liable for any damage resulting from the use of the delivered products, unless there is intent or gross negligence on the part of the Webshop.
9.2 The liability of the Webshop is limited to the amount the Customer has paid for the specific products, with a maximum amount equal to the amount for which the Webshop is insured.
9.3 The Webshop is not liable for indirect damage, consequential damage, loss of profit, or any other damage not directly related to the delivery of the products.
10. Force Majeure
10.1 The Webshop is not liable for failing to fulfill its obligations if hindered by a force majeure event, such as but not limited to natural disasters, war, pandemics, strikes, or other unforeseen circumstances beyond the Webshop’s control.
10.2 In case of force majeure, the Webshop will notify the Customer as soon as possible about the occurrence and effects of the force majeure.
11. Confidentiality and Privacy
11.1 Both parties agree to maintain confidentiality regarding all confidential information exchanged between them for the purpose of executing the agreement.
11.2 The Webshop collects and processes the Customer’s personal data in accordance with privacy laws and its privacy policy. The Customer agrees to the processing of this data for the execution of the agreement.
12. Applicable Law and Disputes
12.1 Dutch law applies to all agreements between the Webshop and the Customer.
12.2 Any disputes arising from or related to the agreement will initially be submitted to the competent court in the district where the Webshop is located, unless the parties agree otherwise in writing.
Final Provisions
These terms and conditions may be modified by the Webshop at any time. The latest published version is always applicable.