In these General Terms and Conditions:
– “Webshop”: Ugx-shop.com trading under the name: QuPe,
Chamber of Commerce: 37122888
VAT number: NL202991362B01
e-mail: firstname.lastname@example.org, –
“Consumer”: the potential consumer of items and / or services from Ugx-shop.nl
Article 1. Applicability of these conditions
1. These terms and conditions apply to every offer and every agreement between Ugx-shop.com and a buyer to which Ugx-shop.com has declared these terms and 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 shall precede the provisions in these general terms and conditions, insofar as the general terms and conditions deviate from that law.
Article 2. Offers / Order confirmations
1. All offers made by Ugx-shop.com are valid for a maximum period of 30 days.
2. Ugx-shop.com can not be held to its quotation or order confirmation if the buyer should have understood that the quotation or order confirmation or a part thereof contains an obvious mistake or error.
3. Ugx-shop.com is only bound by its offer if the acceptance thereof is confirmed by the buyer in writing within 30 days. The prices mentioned in a quotation or on the website or order confirmation are inclusive of VAT, unless stated otherwise.
Article 3. Delivery
1. Unless otherwise agreed, delivery will take place at the location of Ugx-shop.com in Heerhugowaard and delivery by dispatch to the address given by the buyer.
2. The buyer is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the moment at which they are available to him according to the agreement.
3. If the buyer refuses the purchase or is negligent with the provision of information or instructions necessary for the delivery, the items will be stored at the risk of the buyer. In that case, the buyer will owe all additional costs, including in any case storage costs.
4. Delivery of purchases shall be made in accordance with the preference indicated by the buyer for delivery and associated delivery costs, insofar as this is possible in view of the planning of the courier service of Ugx-shop.com. Ugx-shop.com reserves the right at the conclusion of the agreement to specify such costs separately.
5. The Racesimulator is delivered 85% assembled in box, you must attach the seat to the frame yourself. The fasteners are included in the box. The Racing Simulator is delivered exclusively for console, games and racing wheel.
Article 4. Delivery time
1. The delivery times specified by Ugx-shop.com are admittedly approximate and are not final deadlines but will exceed the final delivery time, with the exception of force majeure, never exceeding 14 working days.
2. In the event of untimely delivery, the buyer must give Ugx-shop.com written notice of default and Ugx-shop.com a reasonable term to fulfill its obligations yet.
Article. 5 Guarantee / complaints
1. All RACE simulators have a 2-year manufacturer’s warranty. Ugx-shop.com is responsible for the quality of the services it provides to the best of its knowledge and ability and for the soundness and good quality of the delivered goods, on the understanding that the guarantee does not go beyond the following stipulations.
2. No guarantee is given for wear of parts such as, chair and frame.
3. No guarantee is given for 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 at the address to be specified by Ugx-shop.com.
5. The customer can not rely on the guarantee provisions:
-A: If the customer has neglected the items.
-B: If the customer has made or has made changes to the goods including repairs that have not been made by or on behalf of Ugx-shop.com.
-C: In the event of improper or careless use, incorrect assembly, misuse, competition purposes, damage due to the effects of moisture (such as rust) or other external causes or disasters.
– D: if the device has not been maintained in the manner described in the instructions.
– E: Light scratches due to transport (transport damage)
– F: if the device is used with unsuitable or incorrect accessories.
– G: if the customer has handled the items negligently in another way.
6. The buyer must inspect the purchased items immediately after delivery and report any defects to Ugx-shop.com as soon as possible. In case of defects the buyer can ask for:
– delivery of what is missing;
– repair, if Ugx-shop.com can reasonably meet this;
– replacement, unless the defect is too small, or the item is damaged by the buyer after delivery.
7. Ugx-shop.com can always choose to deliver a replacement item.
8. The guarantee will lapse if the buyer causes damage due to incorrect use of the guaranteed goods. The guarantee does not apply to the effects of weather influences and normal wear and tear.
9. Warranty claims can only be accepted if an original sales invoice can be handed over and, if applicable, a warranty certificate from the manufacturer.
Article 6. Reservation of ownership
1. All items delivered by Ugx-shop.com remain the property of Ugx-shop.com until the buyer has paid the amount owed on the basis of the agreement.
Article 7. Prices and payments
1. All prices quoted by Ugx-shop.com include VAT.
2. Payment must be made before delivery. You can pay in advance by bank / giro and iDeal. Upon collection (by appointment) of the order payment is to be made in cash.
3. The items from Ugx-shop.com are delivered at the prices applicable on the date of shipment from the warehouse of Ugx-shop.com The services of Ugx-shop.com are carried out at the price Ugx-shop.com after providing the services in the manner it normally calculates.
Article 8. Images
1. All images, drawings, data concerning weights, dimensions, colors, etc. included in price lists, websites and brochures, are only approximate and can not 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 otherwise reproduced in any other way without explicit written permission. 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 is understood to mean all external causes, foreseen or unforeseen, on which Ugx-shop.com can not exert any influence, as a result of which Ugx-shop.com is unable to meet its obligations, strikes at Ugx-shop. com, or industrial strikes or production problems at suppliers of Ugx-shop.com.
2. During force majeure the delivery and other obligations of Ugx-shop.com will be 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.
Article 1 – Suspension / cancellation
1.1 The Contractor is entitled to suspend the performance of an agreement as soon as it has a well-founded fear that it will not be able to fully meet its obligations under the agreement.
1.2 The Client is entitled to postpone or cancel an event to be carried out 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 compensate the contractor for all costs demonstrably incurred by the latter, as well as the following percentage of the contractor’s agreed or reasonably foreseeable fee for full performance of the event:
(a) in case of postponement or cancellation no later than 60 days before the production date, at least 50% of that fee;
(b) in case of postponement or cancellation in the period between sixty days and thirty days before the production date, a minimum of 75% of that fee;
(c) in case of postponement or cancellation up to thirty days before the production date, 100% of that fee.
Furthermore, the client shall indemnify the contractor against all claims of third parties involved in the execution of the agreement, insofar as these claims relate to the postponement or the cancellation of the event.
This does not affect the obligation of the client to, in case of subsequent execution of the event, still pay the full price plus the extra costs incurred by the postponement.
Article 2 – Invoices and payment
2.1 The Contractor is entitled to demand payment of one (or more) advance payment (s) at the agreed price before and during the execution of the agreement. Payment of such advance payment must take place within fourteen days of the invoice date and no later than fourteen days before the production date, failing which the client is legally in default.
The Contractor shall then be entitled to dissolve the agreement under the obligation of the Client to fully compensate the Contractor, such with a minimum compensation for a compensation of the full costs demonstrable by the Contractor and of 75% of the agreed or reasonably for the full execution of the Agreement. expect honorarium. Furthermore, the client is then obliged to indemnify the contractor against all claims of third parties involved in the execution of the agreement.
Unless otherwise agreed, the number of participants or guests known to the contractor five working days before the performance of an event will be 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 of the invoice date, failing which the client is legally in default.