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In these General Terms and Conditions the following definitions apply:
– “Webshop”: Ugx-shop.com trading under the name: UGX,
Chamber of Commerce: 37122888
VAT number: NL202991362B01
e-mail: info@ugx-shop.com, –
“Consumer”: the potential consumer of goods and / or services of Ugx-shop.nl
Article 1. Applicability of these conditions
1. These conditions apply to every offer and every agreement between Ugx-shop.com and a buyer to which Ugx-shop.com has declared these conditions applicable, insofar as the parties have not deviated from these conditions explicitly and in writing.
2. If the Distance Selling Act applies, the provisions of that Act prevail over the provisions of these general terms and conditions, insofar as the general terms and conditions deviate from that law.
Article 2. Quotations / Order Confirmations
1. All offers issued by Ugx-shop.com are valid for a maximum period of 30 days.
2. Ugx-shop.com cannot be held to its quotation or order confirmation if the buyer should have understood that the quotation or order confirmation or any part thereof contains an obvious mistake or clerical error.
3. Ugx-shop.com is only bound by its quotation if the acceptance thereof is confirmed in writing by the buyer within 30 days. The prices stated in quotations or on the website or order confirmation include VAT, unless stated otherwise.
Article 3. Delivery
1. Unless otherwise agreed, delivery takes place ex location of Ugx-shop.com in Heerhugowaard and delivery by shipment to the address specified by the buyer.
2. The buyer is obliged to take delivery of the purchased goods at the time they are delivered to him or at the time when they are available to him according to the agreement.
3. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the items will be stored at the buyer’s risk. In that case, the buyer will owe all additional costs, including in any case storage costs.
4. Delivery of purchases takes place according to the delivery preference indicated by the buyer and associated delivery costs, as far as this is possible given the planning of the courier service of Ugx-shop.com. Ugx-shop.com reserves the right to specify such costs separately when concluding the agreement.
5. The Race Simulator is delivered 50 % assembled in a box, you must attach the seat to the frame yourself. The mounting materials are included in the box. The Racing Simulator is delivered excluding console, games and racing wheel.
Article 4. Delivery time
1. The delivery times stated by Ugx-shop.com are approximate and are not strict deadlines, but will never exceed the final delivery time by more than 14 working days, except in cases of force majeure.
2. In case of late delivery, the buyer must give Ugx-shop.com written notice of default and give Ugx-shop.com a reasonable term to still fulfill its obligations.
Article. 5 Guarantee / complaints
1. All racing simulators have a 2-year manufacturer’s warranty. Ugx-shop.com guarantees the quality of the services provided by it to the best of its knowledge and ability and for the soundness and good quality of the goods delivered by it, on the understanding that the warranty does not go beyond the following stipulations.
2. No warranty is given on wear and tear of parts such as, seat and frame.
3. No warranty is given on transport damage such as scratches or dents.
4. The customer must deliver the items eligible for replacement or repair at his own expense and risk to the address specified by Ugx-shop.com.
5.the customer cannot invoke the warranty conditions:
-A: If the customer has neglected the goods.
-B: If the customer has made changes to the goods or has had them made, including repairs that have not been carried out by or on behalf of Ugx-shop.com.
-C: In case of injudicious or careless use, incorrect assembly, incorrect use, competition purposes, damage caused by moisture (such as rust) or other external causes or disasters.
– D: if the appliance has not been maintained in the usual manner or as described in the instructions for use.
– E: Light scratches as a result of transport (transport damage)
– F: if the appliance is used with unsuitable or incorrect accessories.
– G: if the customer has handled the goods in another way negligently.
Article 6. Retention of title
1. All goods delivered by Ugx-shop.com remain the property of Ugx-shop.com until the buyer has paid the amount due under the agreement.
Article 7. Prices and payments
1. All prices stated by Ugx-shop.com include VAT.
2. Payment must be made before delivery. You can pay in advance by means of bank / giro and iDeal. Payment must be made in cash when the order is picked up (by appointment).
3. The goods of Ugx-shop.com are delivered at the prices that apply on the date of shipment from the warehouse of Ugx-shop.com The services of Ugx-shop.com are performed at the price that Ugx-shop.com calculates after providing the services in its usual manner.
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Article 8. Images
1. All images, drawings, data concerning weights, dimensions, colors, etc. included in price lists, websites and brochures are only approximate and cannot give rise to compensation and / or dissolution.
2. All designs, images, etc. made by or on behalf of Ugx-shop.com as referred to in paragraph 1 remain the property of Ugx-shop.com and may not be copied or multiplied in any other way, nor to third parties are shown or used in any way.
Article 9. Liability
1. Ugx-shop.com has taken out insurance that covers the consequences of legal liability for an amount, customary in the industry. In the case of legal liability, the buyer’s claim against Ugx-shop.com is limited to the payment of the insurance company in the present case.
2. The above limitations do not apply if the damage is due to intent and / or gross negligence and / or culpable actions of Ugx-shop.com or its subordinates.
Article 10. Force majeure
1. Force majeure includes all external causes, foreseen or unforeseen on which Ugx-shop.com cannot influence, as a result of which Ugx-shop.com is unable to fulfill its obligations, strikes at Ugx-shop. com, or strikes or production problems at suppliers of Ugx-shop.com included.
2. During force majeure, the delivery and other obligations of Ugx-shop.com are suspended. If the period in which fulfillment of the obligations by Ugx-shop.com is not possible due to force majeure lasts longer than 8 working weeks, both parties are entitled to dissolve the agreement, without there being an obligation to pay compensation in that case.
Article 11. Applicable law
The Vienna Sales Convention applies to every agreement between Ugx-shop.com and the buyer.
Rental:
Article 1 – Suspension / cancellation
1.1 The Contractor is entitled to suspend the performance of an agreement as soon as it has well-founded fears to assume that the Client will not (be able to) fully fulfill its obligations under the agreement.
1.2 The client is entitled to postpone or cancel an event to be performed or to be organized by the contractor under an agreement.
1.3 In the event of postponement or cancellation by the client, the client is obliged to reimburse the contractor for all demonstrable costs incurred by the latter, as well as the following percentage of the contractor’s agreed or reasonably expected fee for the full performance of the event:
(a) in the event of postponement or cancellation no later than sixty days before the production date, at least 50% of that fee;
(b) in the event of postponement or cancellation in the period between sixty days and thirty days before the production date, at least 75% of that fee;
(c) in the event of postponement or cancellation up to thirty days before the production date, 100% of that fee.
Furthermore, the client will indemnify the contractor against all claims from third parties involved in the implementation of the agreement, insofar as those claims relate to the postponement or cancellation of the event.
All this does not affect the client’s obligation to pay the full price plus any additional costs incurred as a result of the postponement, in the event of a later performance of the event.
Article 2 – Invoices and payment
2.1 The Contractor has the authority to require payment of one (or more) advance (s) on the agreed price before and during the performance of the agreement. Payment of such advance must be made within fourteen days after the invoice date and no later than fourteen days before the production date, failing which the client will be in default by operation of law.
The contractor is then entitled to dissolve the agreement under the obligation of the client to fully indemnify the contractor, with the minimum compensation being compensation of the full costs demonstrably made by the contractor and of 75% of the agreed or reasonably agreed upon for full execution of the agreement. expect fee. Furthermore, the client is then obliged to indemnify the contractor against all claims from third parties involved in the implementation of the agreement.
Unless otherwise agreed, the number of participants or guests that is known to the contractor five working days before the execution of an event, will apply as the minimum number for the final invoice. The final invoice, adjusted to current events and after deduction of the advance, must be paid within fourteen days after the invoice date, failing which the client will be in default by operation of law.