Terms and Conditions – TPS Racing BV

Clear, Fair and Reliable Business

Welcome to TPS Racing BV. We believe it is important that you know exactly what to expect before placing your order. That is why we have written our Terms and Conditions as clearly as possible.

These Terms and Conditions apply to orders and agreements between:

TPS Racing BV
Het Hazeland 27-29
6931 KA Westervoort
The Netherlands

Hereinafter referred to as TPS Racing or the seller.

Article 1 – Applicability

These Terms and Conditions apply to all offers, orders, agreements and deliveries made by TPS Racing.

If additional conditions apply to a particular product or service, we will state this as clearly as possible with the relevant product or during the ordering process.

For consumers, statutory consumer rights always remain applicable. If a provision of these Terms and Conditions conflicts with mandatory consumer law, the applicable statutory provisions will prevail.

Article 2 – Our Offer

We make every effort to display all products, prices, images, specifications and availability information in our webshop as accurately as possible.

Product images are for illustrative purposes. Due to changes made by the manufacturer, a product may differ in detail from the image shown, provided that the product supplied complies with the agreement.

Obvious typing, data-entry and pricing errors are not binding on TPS Racing where it should have been clear to the customer that an error had occurred.

Article 3 – Ordering

When you place an order, you will receive an electronic confirmation.

Please check your order and address details carefully. Have you made a mistake? Please contact us as soon as possible. You can also update your details directly in your account, but once the order has entered the shipping process it can no longer be changed.

We will be happy to assist you as long as the order has not yet been processed or shipped.

Article 4 – Prices

Prices in our Dutch webshop are displayed including the applicable VAT, unless otherwise stated.

Any shipping costs and other additional charges will be clearly shown during the checkout process before you place your final order.

Different VAT rules, import duties, taxes or customs clearance charges may apply to international orders.

Article 5 – Payment

The available payment methods are displayed during checkout.

Where advance payment applies, we process the order after payment has been successfully received.

An order for which payment is not completed within the indicated period may be cancelled automatically.

Article 6 – Stock and Delivery Time

For our products, we aim to indicate as clearly as possible whether an item:

is In Stock, has an Expected Delivery Time or is offered as a Pre-Order.

Any stated delivery time is an estimate and not a guaranteed delivery date, unless expressly agreed otherwise.

If a product unexpectedly becomes unavailable or is delivered later than expected, we will inform you as soon as possible and work with you to find an appropriate solution.

Article 7 – Shipping

TPS Racing ships orders using the shipping methods available during the checkout process.

Where applicable, you will receive a Track & Trace code so that you can follow the progress of your shipment.

Different conditions and insurance amounts may apply to different shipping methods. The current shipping options, rates and conditions can be found on our shipping page.

Article 8 – Receiving Your Order

Please check your order when you receive it.

Is something missing, have you received the wrong product or do you notice transport damage? Please contact us as soon as possible.

Preferably include clear photographs of the product, packaging and shipping label. This will help us assess your report more quickly.

Article 9 – Right of Withdrawal for Consumers

When you purchase online from TPS Racing as a consumer, you have the statutory right of withdrawal insofar as this right applies to your purchase under applicable law.

The statutory withdrawal period for an online consumer purchase is, in principle, 14 days after receipt of the product.

After notifying us of your withdrawal, you then generally have another 14 days to return the product.

Certain products may be legally exempt from the right of withdrawal, for example products that have been specially manufactured according to your specifications.

Article 10 – Returns

Would you like to return a product? Please notify TPS Racing of your return in advance.

We ask you to package the item carefully and, where reasonably possible, return it complete with accessories and its original packaging.

You may inspect and assess a product in the same way as would reasonably be possible in a physical shop. If the product has been used beyond what is necessary to establish its nature, characteristics and functioning, a reduction in value may apply in accordance with applicable law.

The direct costs of returning the product are payable by the consumer, unless TPS Racing states otherwise or the return is the result of an error by TPS Racing.

Article 11 – Refunds

If you validly exercise your right of withdrawal, we will refund the amounts due in accordance with the applicable statutory rules.

In principle, the refund will be made using the same payment method that was used for the original payment, unless otherwise agreed.

TPS Points can of course be used and settled in accordance with the separate terms and conditions of our TPS Points programme.

Article 12 – Warranty and Conformity

At TPS Racing, we believe it is important that you receive what you may reasonably expect from a product.

Consumers are entitled to statutory conformity. This means that a product must meet what you may reasonably expect from it on the basis of the agreement.

In addition, certain products may be covered by a manufacturer's or commercial warranty. Such an additional warranty does not limit your statutory rights as a consumer.

Normal wear and tear, damage caused by incorrect use, incorrect installation, overloading, modifications to the product or use contrary to the instructions are not automatically covered by warranty.

Article 13 – Warranty Claims

Do you have a problem with a product? Please contact us before returning the item.

Where possible, please provide:

order number • product number • clear description of the problem • photographs or video where these help to clarify the problem.

Some products must be returned for assessment. We will then assess, together with the manufacturer or supplier, which solution is appropriate.

Article 14 – Pre-Orders

A Pre-Order is a reservation for a product that is not yet in stock at TPS Racing and which we expect to receive.

The stated launch or delivery date is generally an estimate provided by the manufacturer or supplier and may change.

Additional conditions may apply to Pre-Orders. These will be stated with the product or on our Pre-Order page.

For consumers, statutory rights cannot be excluded by these additional conditions where such exclusion is not permitted by law.

Article 15 – Business Customers

Different statutory rules may apply to business customers than to consumers.

If you place an order in the course of a profession or business, certain consumer rights, including the statutory consumer right of withdrawal, may therefore not apply.

Article 16 – Retention of Title

To the extent permitted by law, the products supplied remain the property of TPS Racing until the full amount due has been paid.

Article 17 – Liability

TPS Racing is liable for damage insofar as such damage can be attributed to TPS Racing under applicable law.

We do not exclude liability where exclusion is not permitted by law.

To the extent permitted by law, TPS Racing is not responsible for damage caused by incorrect or improper use, incorrect installation, modifications to a product or use for a purpose for which the product was not intended.

Article 18 – Force Majeure

Sometimes circumstances beyond our control may temporarily prevent us from fulfilling an order according to schedule.

Examples include serious transport problems, natural disasters, war, government measures, major disruptions or problems affecting manufacturers and suppliers.

We will inform you if such a situation has significant consequences for your order and will act in accordance with the applicable statutory rules.

Article 19 – Complaints

Are you dissatisfied with something? Please let us know.

We would appreciate the opportunity to work with you to find a suitable solution first.

For questions regarding an existing order, please always provide your order number. This allows us to find your information more quickly and assist you more efficiently.

Article 20 – Privacy

TPS Racing processes personal data in accordance with applicable privacy legislation and our Privacy Statement.

Personal data is used only for purposes for which a valid legal basis exists, such as processing and delivering your order, customer service and other agreed services.

Article 21 – Dutch Law

Agreements with TPS Racing are governed by Dutch law.

For consumers, this choice of law does not affect any mandatory consumer protection to which they are entitled under applicable law.

Disputes will be dealt with by the court having jurisdiction under applicable law.

Article 22 – Amendments

TPS Racing may amend these Terms and Conditions when there is reason to do so.

In principle, an order is governed by the Terms and Conditions to which the customer agreed when the agreement was concluded.

The Most Important Points at a Glance

• Clear prices and ordering conditions
• Clear information about stock and delivery times
• Track & Trace where available
• Statutory right of withdrawal for consumers
• Statutory warranty/conformity remains applicable
• Clear procedure for warranty claims and problems
• Specific information for Pre-Orders
• Clear rules for international orders
• Personal service for questions and complaints