Terms & Conditions
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1. General/Conditions of Us
1.1 These general terms & conditions apply to all offers of RPM Performance and on all RPM-Performance contracted agreements. 2.1 Offers occurring subject to the availability of the products. RPM-Performance has the right to replace the ordered product with a similar product in place of annulling the agreement. 2.2 An definite agreement comes about the moment an order confirmation has been sent to the purchaser by e-mail address as stated by the purchaser on the registration form. 2.3 Information, images, oral communications, telephonically or by means of e-mail and work-related tasks etc. with relation to all offers and the most important characteristics of the products shall be displayed as precisely as possible. RPM-Performance does not guarantee in this agreement that all the information on offers and products will be given fully. Any changes do not qualify for compensation and/or dissolution. 3. Prices 3.1 All prices on the site are expressed in euros, conforming to the legal regulations hereby, and including VAT, but excluding other levies by the government and excluding shipping costs, unless mentioned otherwise in the product related information. 3.2 If the recipient is not in the country where the shipping originates, the recipient is responsible for chargeable VAT or import duties. 3.3 Special offers are only valid for the time duration (deadline) as mentioned with the specific offer. 3.4 The purchaser is chargeable for merchandise that RPM-Performance has confirmed in accordance with Article 2.3 of these terms & conditions as herein notified. Known (manipulation) mistakes in the price, such as obvious inaccuracies, can be corrected even after agreement has taken place by RPM-Performance. 3.5 Shipping charges are not included in the price. The shipping costs are mentioned on the website. Special tariffs apply to delivery outside the Netherlands. Certain conditions may apply depending on the method of payment used, the form of delivery and costs thereof. These charges are clearly communicated to the purchaser. 4. Payment 4.1 Orders via our website can be paid for in the following manner:
Bank transfer RPM-Performance may extend the methods of payment in the future. Additional methods of payment will be made known on this site as they become available. 4.2 In the event that a term of payment has been agreed by RPM-Performance, the Purchaser will be in default if the term of payment is allowed to expire. Terms of payment can solely be agreed in writing under conditions to be stipulated and agreed at the time.
4.3 Non-payment or late payment by the purchaser shall incur the following: 4.5 Any additional costs of any sort bought to bear on RPM-Performance as a result of the non-compliance of the purchaser of their payment obligations shall be at the expense of the purchaser. 4.6 In case of late payment RPM-Performance is authorised to annul the agreement with immediate effect or to suspend (further) supply up to the moment at which the purchaser has entirely complied with their payment obligations including the payment of any chargeable interest and costs thereof. 5. Delivery and delivery times 5.1 Orders are of course delivered as fast as possible. Delivery periods are indicated on the website but are only to be considered as a guide and should never be considered as definite. RPM-Performance may announce additional information on delivery times on the website or in other written forms. Such information should only be taken as an indication. 5.2 A product that is temporarily out of stock when ordered by the purchaser will when available be indicated as such. Delays will be communicated to the purchaser by telephone or e-mail. 5.3 Delivery will be sent to the address given by the purchaser during the agreement process. Any additional information concerning delivery shall be made swiftly known to the purchaser. 5.4 RPM-Performance shall ensure delivery by mail or by any other manner at the discretion of RPM-Performance, at the expense of the purchaser. Delivery by mail or delivery in any other manner shall take place only after payment has been received for the products provided by RPM-Performance. The merchandise only becomes the property of the purchaser at delivery. 6. Exchange & right of inspection 6.1 The purchaser is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported in writing and as soon as possible and at the latest within 14 days after delivery. Non-visible damage/missing parts must be reported within 21 days after the problem could reasonably be detected. The purchaser is then given a credit receipt. 6.2 Shipping costs for product returns are at the expense of the purchaser. 6.3 Any complaints founded on facts that justify the proposition that the delivered product does not answer to the agreement, are valid for a period of 1 year after receipt by the purchaser. 6.4 Should the delivered product not meet the specifications as laid out in the agreement then RPM-Performance is obliged only to delivery the missing part(s) of the product, repair or offer a replacement of the product. 7. Transferral of Property 7.1 Ownership of Property despite actual delivery, is only transferred to the purchaser after said purchaser has fulfilled the agreement with RPM-Performance in its entirety, including compensation of any interest and costs, which also includes deliveries of an earlier or later stage and to the products themselves and/or tasks performed in relation to said product(s). 7.2 The purchaser may not encumber, sell, redeliver, separate or otherwise encumber (delivery of) the products, before the property is rightfully in their possession. 8. Guarantee and liability 8.1 Products supplied by RPM-Performance are subject to the guarantee by the manufacturer of the product concerned. RPM-Performance responsibility during the guarantee period is exclusively that of a counter function. 8.2 RPM-Performance can only be held liable for damages which can be attributed towards intent or gross negligence, or which are due to circumstances that on the basis of regulations are at its own risk. RPM-Performance will never be liable for loss of profits and/or consequential damages, indirect damages and loss of earnings and/or turnover. 8.3 If RPM-Performance is held responsible, for any reason whatsoever, to compensate for damage then damage compensation shall amount to a sum no higher than the invoice value of the product or service on which damage has been caused. RPM-Performance cannot be held responsible for damages outside of warehouse and/or personnel damage.
8.4 Circumstances, which do not fall under the risk of RPM-Performance include: strike, worker exclusion, sickness and/or transit prohibition, transport problems, non compliance with the obligations of subcontractors, breakdowns in production, force majeur and/or nuclear calamities and war and/or the threat of war, debt belonging to RPM-Performance, subject to set-up or gross debt. 9. Circumstances beyond one’s control 9.1 RPM-Performance is not obliged to fulfil its obligations towards the Purchaser due to circumstances beyond its control, the obligation is postponed for the duration of the circumstances respectively. 9.2 Circumstances beyond its control are known to be each circumstance independent of its intention, as a result of which compliance of its obligations towards the Purchaser are partly or entirely prevented. These circumstances include strikes, fires, business disturbances, power failures, non- or no timely delivery by suppliers or other third parties and the absence of any licenses to be obtained via the government. Circumstances beyond its control also include failures in (telecommunications) networks or connections or applied communication systems and/or the non-availability of the internet site at any one time. 10. Intellectual property 10.1 The purchaser recognises explicitly all rights of intellectual property of information displayed, communications or other expressions concerning the products and/or concerning the internet site at RPM-Performance, its subcontractors or other claimants. 10.2 It is prohibited for the purchaser to make use of and/or introduce modifications to the intellectual property rights such as described in this Article, for example duplication, without express authorisation from RPM-Performance, it’s suppliers or other claimants unless this is for private use or in relation to the product itself. 11. Miscellaneous
11.1 RPM-Performance is registered at the chamber of commerce under no. 32155851 VAT identification number is Netherlands 129801574B01. |