General terms and conditions
We greatly appreciate your visit on the website of TR Motoring (TRM), to ensure that our service and products are what you wish for we strongly suggest to read our general terms and conditions with great care.
The general terms and conditions are a component of all TRM sales, transactions, business and deliveries (hereafter referred to as Agreement). The Agreement is applicable to all services and products TRM offers. TRM does not accept any terms or conditions from the ordering party (Customer), regardless if they were communicated in written or any other form. If the Customer cannot accept this Agreement, then please do not use our service or products.
All legal disputes against TRM are subject to the laws of the Netherlands. Books 6 and 7 of the Dutch Civil Code (Burgerlijk Wetboek) which regulate sales transactions, including distance selling, apply to the Agreement. The legal venue is agreed to be in Zutphen (The Netherlands), any dispute shall be held in Dutch.
The Customer declares to have reached the legal age or to have granted parental permission and the legal capacity to make a contract. This is allowing the Customer to place an order at TRM.
Please refer to our customer service via e-mail, info (at) trmotoring (dot) com, in case there are any questions regarding the general terms and conditions.
1. Commitment
The sale is considered to be complete once TRM receives the order. TRM is entitled to agree to the contractual offer contained in the order within two weeks. The acceptance of the offer is communicated by sending an order confirmation, invoice or the products. We reserve the right to refuse orders. If TRM believes it is necessary to refuse an order, then the Customer will receive an order refusal via e-mail.
TRM is authorised to cancel the (partial) order without the Customer’s agreement when TRM’s supplier modifies or discontinues a product or service.
2. Update and change of Agreement
The Agreement may be subject to changes. We reserve the right to update and change the Agreement without prior notice. The applicable Agreement is the one in force on the website at the purchase date.
3. Graphics and visual elements
Pictures, drawings, graphics, videos, snapshots and other visual elements are not contractual, they are presented for information purpose only. Please note that pictures are taken in a studio setting, the actual item may differ from the picture(s). Furthermore, a flash light and studio lights may be used, which could change or modify the actual appearance (colour, gloss and other effects). All graphics and visuals are subject to change without prior notice and are protected by copy right as shown on the ‘Legal’ tab of this website*.
*https://trmotoring.com/legal/
4. Service and product modification
All technical specifications (Specs), for example and not only limited to description, weight, dimension, colour, material, are provided with great care, but are non-binding and for information purpose only. TRM does not accept any liability regarding these Specs and they are subject to change without prior notice, moreover changes or updates do not affect the contract in question.
5. Pricing
The price of the product or service corresponds to the rate in effect on the day of sale.
The prices are given in euros including tax according to the applicable VAT rate in the Netherlands.
Prices do not include any installation or ancillary services. It is explicitly mentioned that shipping and import cost are not included, the actual shipping cost and terms can be found on the ‘Delivery’ tab of this website*.
All prices are subject to change without prior notice.
*https://trmotoring.com/delivery/
6. Payments and due dates
Three payment methods are being accepted: iDeal, Bank transfer and PayPal.
TRM does not add any additional costs to iDeal payments and Bank transfers. Please note, that your bank might add fees or other costs, such like currency- or handling fees. TRM strongly suggests Customers to verify with their bank if such cost are applicable. The occurrence of such cost do not affect the contract in question.
TRM charges 4% of the total order amount to cover PayPal cost in case of a PayPal-payment. If your PayPal account is linked to a credit card, you may have to pay credit card fees.
TRM requires a 50% pre-payment of the total amount including tax and shipping fees, as agreed on the order confirmation or invoice, in case of custom made products before initiating production.
Products and services have to be paid in total prior to delivery. All products are remaining property of TRM until the total order amount including tax and shipping fees, as agreed on the order confirmation or invoice, entered the TRM account.
If the Customer defaults on his payment, TRM will invoice damages in the amount of 15% of the total debt, with a uniform minimum of €300 per loan, regardless of the amount of the actual loss suffered. TRM is entitled to claim higher rates and fees if TRM can prove higher damages occurred as a direct consequence of the payment default. Customer can only deduct legally established counterclaims. In the event of a default by one of the agreed deadlines, TRM may apply the cancellation condition.
7. Import tax
Orders outside the European Union might be subject to import duties and tax. TRM is not responsible for any direct or indirect costs. TRM does not have any knowledge about import- or tax regulations at the country of destination. TRM strongly suggest Customers to familiarise themselves with the local tax- and import regulations before placing an order.
8. Delivery, transport and lead time
The shipment of ordered goods, except custom-made products, and services may take up to three weeks after the contract is confirmed. In case of an expiry, the Customer is authorised to concede TRM an extension of four weeks starting from the day of the written reminder send by the Customer. The Customer is allowed to withdraw from the contract, when this cut-off date is not met.
When an ordered product is momentarily or permanently out of stock, TRM will inform Customer as soon as possible. Customer then has the option to cancel or modify the order. TRM cannot be held liable for damage that might arise from the temporary nor definitive non availability of a product.
TRM uses several services from third parties concerning shipment and deliveries, the relevant and legal information can be found on the ‘Delivery’ tab of this website*. TRM cannot be held responsible and nor has it any influence on delivery delays. Suggestions regarding delivery time are non-binding and for information purpose only. TRM is not responsible for orders that cannot be delivered to an incorrect address, which is provided by the Customer.
If the Customer requires the use of a different delivery service than specified on the ‘Delivery’ tab of this website*, then the Customer is acknowledging to have full responsibility over this delivery.
*https://trmotoring.com/delivery/
TRM is allowed to make partial deliveries.
Products are inspected and deemed acceptable upon departure from our warehouse. Upon arrival at the destination, it is the responsibility of the Customer to check the condition of the products prior to accepting them.
TRM strongly recommends inspecting the condition of the delivery in the presence of the carrier. In the event of a defect (e.g. damaged parcel, missing-, damaged- or broken components), the Customer:
– Carefully describes the reason for refusal on the original delivery receipt
– Will let the responsible postal service sign the original delivery receipt
– Notifies TRM via e-mail within three working days, info (at) trmotoring (dot) com.
9. Returns and order cancellation
All returns must be delivered to the TRM warehouse at no expense for TRM. Our return and order cancellation policy can be found on the ‘Returns’ tab of this website*. Please note that custom-made products and parts that have been mounted or installed already are excluded from exchange.
*https://trmotoring.com/returns/
10. Privacy
It is possible to visit the TRM website without having to provide personal information. When you contact us or place an order, we do need personal information. TRM treats this data as confidential and will not sell this to third parties. Though, sharing of personal data might be necessary to comply with applicable laws, regulations, legal proceedings or an enforceable request from the (Dutch) government. Furthermore, it might be required to transfer data to others, such like shipping companies, to fulfil our services. The applicable privacy and data use policy can be found on the ‘Privacy’ tab of this website*.
*https://trmotoring.com/privacy/
11. Liability and warranty
All provided descriptions and visuals regarding the suitability, compatibility, usage, handling and any other provided information are given to our best knowledge and have been compiled with the utmost care. Though they are non-binding and hence TRM does not accept responsibility for inaccuracies, incompleteness or any direct and/or indirect consequences based on the information provided by TRM.
Customer is entitled to immediately inspect the goods upon arrival, including manufacturing issues and fitting accuracy, else the products are considered to be appropriate and acceptable. Complaints must be send to TRM in writing or via email within fourteen days.
TRM, Ambachtstraat 14, 6951 CC, Dieren NL or info (at) trmotoring (dot) com
The transfer of non-conforming claims to third parties is not accepted.
Non-conforming claims do not hold if the issue is a direct or indirect result of not following the installation instructions, maintenance, unsuitable or inappropriate use and natural wear and tear. Any service supplied by TRM as a direct or indirect result of any of these dealings are invoiced at the hourly rate of TRM.
All products and services sold by TRM are intended for motorsport / track use only, unless explicitly stated otherwise. Motorsport products are not subject to any guarantee or warranty, due to the high stresses involved in motorsports. Furthermore, the general use of TRM components could void the original warranty of the vehicle.
The fact that the TRM products are intended for vehicle adaptation for competition purpose, causes that a vehicle with installed TRM products is not allowed to drive on roads open to public traffic. Furthermore, mounting TRM products might not be deemed acceptable regarding the vehicle insurance policy. Finally, TRM products might modify the characteristics of vehicles on which they are installed, such as noise, pollution, maximum speed, handling, service intervals, etc. This can possibly result in the vehicle not been according to its homologation specification. Homologation approval, regardless if road- or motorsport regulation, falls under the full responsibility of the Customer.
Any additional liability, for example and not limited to vehicle-, engine-, transmission-, personal- or material damages, is explicitly omitted.
TRM strongly recommends to enquire professional automotive mechanic or technician services to install and set-up TRM products, whenever necessary, in compliance with current technical and sport regulations.
12. Brand names and property rights
The general use of brand names, such like Volkswagen, Audi, Seat, BMW, etc. or any of their related make and model names, emblems or technologies (such like TDI, GTI, G60, VR6, R32) on the TRM website are for vehicle reference and identification purpose only and are strictly required to assign a TRM product to a corresponding vehicle. In no manner, this implies any connection between the respective brand or any of their affiliates and TRM.
The Customer will guarantee and take full responsibility that no rights, such like industrial-, intellectual-, or design property rights, are violated in the case of custom-made products, which are specifically being produced according to Customer requirements.