Terms and Conditions
General terms and conditions of Pole Position, established in Zandvoort, as filed with the Amsterdam Chamber of Commerce under number 34104555.
Pole Position reserves the right to change these general terms and conditions at any time.
1. General
1.1 These general terms and conditions apply to all articles and offers offered. The conditions are accessible to everyone and included on the website www.poleposition.nl. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Pole Position reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Pole Position.
1.4 Pole Position guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules of the sale (distance), Pole Position will execute orders at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive within 1 month after placing the order. order and in that case he has the right to cancel the undelivered part of the order without costs and notice of default.
2.3 Pole Position's obligation to deliver will be met, subject to proof to the contrary, as soon as the goods delivered by Pole Position have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms and stock status mentioned on the website are indicative. No rights can therefore be derived from the stated terms and stock status.
3. Prices
3.1 Prices will not be increased within the term of the offered items and offers, unless legal measures make this necessary or if the manufacturer and/or supplier implements interim price increases. If there is a price increase during or after the order placed but before delivery, the consumer has the right to cancel the order free of charge.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Trial period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 7 days without giving any reason. This period starts when the ordered goods are delivered. If the customer has not returned the delivered goods to Pole Position after this period, the purchase is a fact. Before proceeding with the return, the customer is obliged to notify Pole Position in writing within the period of 7 days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions in the previous sentence, Pole Position will ensure that the full purchase amount (excluding the calculated shipping costs) is refunded to the customer within 30 days after proper receipt of the return. Returning the delivered goods is entirely at the expense and risk of the customer. For purchases in the physical store of Pole Position at Kerkstraat 18, 2042 JG, Zandvoort, the return policy described above does not apply. For purchases in the physical store, the customer can exchange the purchased item within a period of 8 days or receive a gift voucher worth the purchase amount.
4.2 The right of withdrawal does not apply to goods that have been manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character.
5. Data management
5.1 If you place an order with Pole Position, your data will be included in Pole Position's customer database. Pole Position complies with the Personal Records Act and will not provide your data to third parties. See our privacy policy.
5.2 Pole Position respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.
5.3 Pole Position uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6. Warranty and Conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
6.2 For Pole Position, the warranty provisions of manufacturers, importers and suppliers are leading. Pole Position is an intermediary with regard to the applicable warranty provisions, unless otherwise determined in writing by Pole Position.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to Pole Position (before proceeding to return it to Pole Position). Any defects or incorrectly delivered goods must and can be reported to Pole Position in writing no later than 2 days after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after the discovery of a defect, damage caused by the discovery of a defect, encumbrance and/or resale after the discovery of a defect, makes this right to complain and return completely null and void. Costs with regard to returns see 'Review period / right of withdrawal' art. 4.1
6.4 If the customer's complaints are found to be well-founded by Pole Position, Pole Position will, at its discretion, replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, on the understanding that Pole Position's liability and, accordingly, the amount of compensation is always limited to a maximum of the invoice amount of the relevant items, or (at Pole Position's choice) to the maximum amount covered in the relevant case by Pole Position's liability insurance. Any liability of Pole Position for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Pole Position is not liable for damage caused by intent or equivalent conscious recklessness on the part of non-executive personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Pole Position; B) the buyer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have been treated carelessly in any other way or have been treated contrary to the instructions of Pole Position and/or instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
7. Offer / Offers
7.1 The offer / offers are without obligation, unless stated otherwise in the offer or the offer.
7.2 Upon acceptance of a non-binding offer / offer by the buyer, Pole Position reserves the right to revoke or deviate from the offer or the offer within the period of 7 working days after receipt of that acceptance.
7.3 Verbal promises only bind Pole Position after they have been expressly confirmed in writing.
7.4 Pole Position's offer and offer specifications and prices do not automatically apply to repeat orders.
7.5 Pole Position cannot be held to its offer / offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
8. Agreement
8.1 An agreement between Pole Position and a customer is concluded after an order assignment has been assessed for feasibility by Pole Position.
8.2 Pole Position reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9. Pictures and Specifications
9.1 All images; photos, drawings, etc.; Information regarding weights, dimensions, colours, images of labels, etc. on the Pole Position website are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.<
10. Force Majeure
10.1 Pole Position is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or non-performance by our suppliers, Internet failures, electricity failures, e-mail failures and failures or changes in technology provided by third parties, transportation difficulties, strikes, government action, delays in supply, negligence of suppliers and/ or manufacturers of Pole Position as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 Pole Position reserves the right to suspend its obligations in the event of force majeure and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is changed in such a way that execution remains possible. Under no circumstances is Pole Position obliged to pay any fine or compensation.
10.4 If Pole Position has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it's a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 Pole Position is not liable for damage to people or objects caused by incorrect use of the products. Pole Position is not liable for ensuing (medical) costs as well as material / intangible damages. Before use, read the instructions / instructions on the packaging and / or consult us via [email protected]..<
12. Retention of title
12.1 Ownership of all items sold and delivered by Pole Position to the customer remains with Pole Position as long as the customer has not settled the claims of Pole Position under the agreement or previous or later similar agreements, as long as the customer has has not yet fulfilled the work under these or similar agreements and as long as the customer has not yet paid the claims of Pole Position due to failure to fulfill such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Pole Position that fall under the retention of title may only be resold in the context of normal business operations and never be used as a means of payment.
12.3 The customer is not authorized to pledge or encumber the goods subject to retention of title in any other way.
12.4 The customer already gives unconditional and irrevocable permission to Pole Position or a third party to be appointed by Pole Position, in all cases in which Pole Position wishes to exercise its property rights, to enter all those places where its property will then be located and those items to take there.
12.5 If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Pole Position of this as soon as can reasonably be expected.
12.6 The customer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Pole Position on first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Pole Position and the buyer, which cannot be resolved by mutual agreement, will be subject to the competent court within the district (South Kennermerland / Noord-Holland), unless Pole Position prefers difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court.