Terms of service
Article 1: Definitions & General provisions
The webshop www.trc-store.com (hereinafter "the Website") is the initiative of
Throttlefinger Racing Concept (hereinafter "TRC", "We" and "us")
Aimé Behaeghestraat 52, 8870 Kachtem
throttlefinger.racing.concept@gmail.com
0032 474 53 79 92
VAT: BE0809.013.355
KBO 809.013.355
The following terms are to be understood in the General Terms and Conditions as follows:
'Customer': any natural or legal person who is or will be in a contractual relationship of whatever nature with TRC. Each Customer undertakes not to purchase the Products on the Website for the sole purpose of reselling them.
Also referred to hereinafter as 'you', 'your'.
'Products': Any goods that are the subject of a Sales Agreement.
'Sales Agreement': Any agreement whereby TRC undertakes to transfer ownership of the goods. This Customer in turn undertakes to pay the price thereof.
These General Terms and Conditions shall always and exclusively apply to all current and future Sales Agreements between TRC and the Customer. The Customer accepts the applicability of these General Terms and Conditions, as well as all other rights and obligations as stated on the website, from use of the website.
Additional terms and conditions of the Customer are excluded, except when previously, in writing and expressly accepted by TRC. Express deviations are valid only to replace or supplement the clauses to which they relate. The remaining provisions of these Terms and Conditions of Sale shall continue to apply in full.
TRC reserves the right to amend and/or supplement the Terms and Conditions of Sale at any time for future orders. Any future amendment will obviously not affect open orders and the resulting Sales Agreements
Article 2: Price
The price of the products is the price displayed on the Website, excluding delivery, reservation or administrative costs. This price is the net price including all taxes and may be changed at any time before the customer places an order.
If additional costs must be charged such as, delivery, reservation or administrative costs, this will be stated separately.
The statement of price refers only to the items as described. The accompanying photos are for information purposes only and may differ from the delivered goods, the photos may also contain elements not included in the price.
Article 3: Offer
Despite the fact that the (online) catalog and the e-commerce website were compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer are not binding. TRC shall under no circumstances be liable in the event of manifest material errors, misprints or printing errors.
If the Customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we request the Customer to contact us in advance. Email: throttlefinger.racing.concept@gmail.com or by phone at +32 (0)486 65 72 84.
The offer is always valid while supplies last and may be modified or withdrawn by TRC at any time. TRC cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 4: Order and payment
To place an order, the Customer must follow the online purchase procedure.
The Customer has the choice between the following payment methods:
Bancontact
Paypal
Mastercard
Maestro
American Express
VISA
UnionPay
TRC is entitled to refuse an order pursuant to a serious default by the Customer with respect to orders involving the Customer.
Article 5: Delivery and execution of the contract
The amount of the delivery costs depends on the amount of the order and the type of delivery option selected by the Customer at the time of finalizing the order.
Deliveries are carried out by bpost or DHL, depending on the Customer's choice.
Unless otherwise agreed or expressly specified, the goods will be delivered to the Customer's place of residence within 30 working days of receipt of the order. However, delays may occur for reasons related to the personalization of our products, unforeseen circumstances beyond our control or the delivery area.
Any visible damage and/or qualitative deficiency of an item or other shortcoming in delivery must be reported by the customer to TRC immediately.
The risk due to loss or damage passes to the customer as soon as he ( who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the customer upon delivery to the carrier, if the carrier was instructed by the customer to transport the goods and this choice was not offered by TRC.
Article 6: Retention of title
The delivered items remain the exclusive property of TRC until the moment of full payment by the Customer.
Clause 7: Right of withdrawal
The provisions of this article apply only to Customers who purchase articles (online) from TRC in their capacity as consumers.
The Customer has the right to revoke the Agreement within a period of fourteen (14) calendar days, unless otherwise stipulated, without giving reasons, given that the right of revocation applies to the good or service ordered by the Customer.
In order to exercise the right of withdrawal, the Customer must inform TRC of his decision to withdraw from the contract in a timely manner through an unequivocal statement (e.g. in writing by post or e-mail).
The Customer must return the goods immediately after his decision to withdraw from the contract. The direct costs of returning the goods shall be borne by the Customer unless otherwise agreed.
If the Products are affected by depreciation, the Customer will be responsible for this. TRC is entitled to charge this depreciation proportionately to the Customer. This, however, only after TRC itself has refunded the initial purchase amount in full to the Customer.
Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the right of withdrawal is used correctly, TRC will refund the Customer promptly, and certainly no later than fourteen (14) calendar days. Please note: If the Consumer has chosen a delivery method that differs from the least expensive standard delivery method, these additional delivery costs will not be refunded.
Article 8: Warranty
Pursuant to the Act of September 21, 2004 on consumer protection in the sale of consumer goods, consumers have legal rights. This legal warranty applies from the date of delivery to the first owner. To invoke the warranty, the Customer must be able to provide proof of purchase.
The warranty (commercial and/or legal) never applies to defects caused by accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or alterations to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use. It also does not apply to articles with a shorter lifespan, or wear and tear articles.
Defects that manifest themselves after a period of 6 months following the date of purchase, if any, delivery, are deemed not to be hidden defects, subject to proof to the contrary by the Customer.
Article 9: Customer Service
TRC Customer Service can be reached at the telephone number +32 486 65 72 84, by e-mail at throttlefinger.racing.concept@gmail.com or by mail at the following address: Aimé Behaeghestraat 52, 8870 Kachtem. Any complaints may be directed to this address.
Article 10. Intellectual property
All intellectual property rights and derived rights relating to the products and trade names remain with TRC. These intellectual property rights include copyright, trademark, design and model rights and/or other (intellectual property rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts). The Customer is prohibited from using and/or modifying the intellectual property rights described in this article, unless it is purely for private use of the Product itself.
Article 11. Processing personal data.
The information provided by you is necessary for processing and completing orders, and preparing invoices. If this information is missing, the order will inevitably be cancelled. The provision of incorrect or false personal data, is considered a violation of the current Terms of Sale. The Customer's personal data will only be processed in accordance with the privacy statement available on our Website.
Article 12: Invalidity - non-fulfilment
If any provision of these Terms is declared invalid, illegal or null and void, this shall in no way affect the validity, legality and applicability of the other provisions.
TRC's failure at any time to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
Article 13: Applicable law - disputes
The use of www.trc-store.com and the Agreement for the purchase of our products on our site are governed by Belgian law. Any dispute arising out of or related to the use of our website or such agreements shall be subject to the jurisdiction of the Belgian courts.