Terms
Terms & Conditions
1. Applicability
1.1 These General Terms and Conditions apply to all offers made by HEL Performance NL and to all agreements concluded with HEL Performance NL. HEL Performance NL is a trade name of Showoff Imports B.V.
1.2 Besides these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products when expressly indicated.
1.3 Parties can only deviate from the provisions made in these General Terms and Conditions if this has been expressly agreed in writing and, in which case, the other provisions of these Terms and Conditions will continue to apply in full.
1.4 If the Buyer also refers to his or her own General Terms and Conditions, they will not apply unless HEL Performance NL has expressly agreed to this in writing.
1.5 "Buyer" will be deemed to mean every visitor to the Internet site and/or every natural person or legal person who has a contractual relationship or will have such a relationship with HEL Performance NL in any form or shape.
1.6 HEL Performance NL reserves the right to amend and/or supplement these Terms and Conditions.
1.7 The Buyer is deemed to have accepted these Terms and Conditions as well as any other rights and obligations as listed on the internet site when said Buyer uses the HEL Performance NL internet site and/or places an order.
1.8 HEL Performance NL is authorised to make use of third parties when executing an agreement with the Buyer.
2. Offers and concluding of agreements
2.1 Offers or price specifications should be deemed an invitation to prospective Buyers to make a proposal. HEL Performance NL can in no way be regarded as having committed itself unless this has been unequivocally determined in writing. The acceptance of the invitation to make an offer by the prospective Buyer will be deemed a proposal and will only lead to the concluding of an agreement if the remaining provisions contained in this article have been met.
2.2 Offers will be valid as long as stocks are available.
2.3 A proposal from the prospective Buyer as referred to in section 2.1 will be deemed to have taken place in one of the following circumstances:
• The prospective Buyer has precisely specified which product and/or service he or she wishes to receive;
• The prospective Buyer has entered the information in the designated input screen on the Internet site and the relevant information ("order form") has been electronically sent to HEL Performance NL and HEL Performance NL has received the information.
2.4 An agreement will be deemed to have been concluded as of the moment an order confirmation has been sent to the Buyer by regular post and e-mailed to the e-mail address specified by Buyer.
2.5 The Buyer and HEL Performance NL expressly agree that by using forms of electronic communication they have concluded a valid agreement once the provisions in sections 2.3 and 2.4 have been met. In particular, the lack of a normal signature will not detract from the binding power of the proposal and its acceptance. The HEL Performance NL electronic files will apply as circumstantial evidence to the extent possible under the law.
2.6 Information, images and verbal, telephone and electronic announcements that have been provided, as well as specifications, etc., related to all offers and the most important features of the products will be displayed, provided or made as accurately as possible. HEL Performance NL will not, however, guarantee that all offers and products will fully correspond to the provided information, etc. Deviations may, in principle, not lead to compensation and/or dissolution.
3. Prices
3.1 All prices are expressed in euros in agreement with statutory regulations in this respect and are inclusive of turnover tax. If you are logged in on the HEL Performance NL website as a dealer, the price will be shown excluding turnover tax.
3.2 Special offers shall only apply for the period of validity as listed with the offer. This announcement will be printed in a folder or specified on the internet site or newsletter/banner regarding the special offer.
3.3 The Buyer must pay the price HEL Performance NL has announced in its confirmation in accordance with section 2.4 of these Terms and Conditions. Obvious manipulation of or errors in the price specification, including obvious inaccuracies, can also be corrected by HEL Performance NL after the agreement has been concluded.
3.4 Delivery costs are not included in the productprices and will be charged separately. The delivery costs are listed on the order confirmation and/or will be made known after we received your order. Further Terms and Conditions apply in relation to certain payment methods with regard to the delivery method and the related costs. This will be clearly communicated to the Buyer.
4. Payment
4.1 One of the following payment methods can be used when placing orders through our internetsites:
• Banktransfer (manual wiretransfer to our bank account)
• iDEAL (Dutch customers only)
• Paypal (Secured service for creditcard payments)
4.2 HEL Performance NL uses a 14 days payment term on all orders. This terms starts from the moment the order confirmation or invoice has been sent (most of the times by email).
4.3 The Terms and Conditions of the relevant card issuer shall apply in the event a payment method involving a credit card is selected. HEL Performance NL is not a party in the relationship between the Buyer and the card issuer.
4.4 A reminder procedure will be started if the Buyer does not pay or does not pay on time.
4.5 All court and other costs, regardless of their nature, incurred by HEL Performance NL as a result of the Buyer not complying with his or her (payment) obligations, will be at the expense of the Buyer.
4.6 If the Buyer does not pay on time, HEL Performance NL will be entitled to dissolve or suspend (any additional) deliveries until the Buyer has fully complied with his or her payment obligations. This will include any payment of costs.
5. Delivery and delivery date
5.1 Orders will be delivered as soon as possible. In principle, HEL Performance NL aims to deliver orders to the specified address within 3 working days in the Netherlands and within 7 days in the other countries. This delivery date will only apply as an indication and will never be deemed to be a firm date. HEL Performance NL may provide further information on delivery dates on its internet site or though its shops, or it may make them known in writing using a different method. Such information will only be deemed indicative.
5.2 If a product that is temporarily out of stock is ordered by the Buyer, an indication will be given of when the product will be available again. This is only an indication, because of the influence of third parties like suppliers, customs, and delivery companies. No rights can be derived to this indicated delivery time.
5.3 Deliveries will be made to the address specified by the Buyer at the time the agreement was concluded. When payment is made with a credit card, HEL Performance NL must observe the requirements set by card issuers with regard to the delivery location. All this will be announced in advance to the Buyer.
5.4 Once the products have been delivered to the specified delivery address, the risk related to these products will be transferred to the Buyer. Products are delivered as soon as the Buyer has signed for the package.
5.5 The Buyer can refuse the package, and this will then be returned to HEL Performance NL. All costs regarding this refusal will have to be paid by the Buyer.
6. Exchanges and right to revoke
6.1 The Buyer must carefully inspect the products once they have been received (or must have someone inspect them). This applies to products bought at a shop where exchanges or returns are allowed. The Buyer can either exchange the article or get a (gift)certificate with the value of the original invoice, shipping costs excluded.
In the case of agreements with consumer Buyers that have been concluded via the internet site or in another way in which only electronic communication media have been used, the consumer Buyer is entitled to exercise his or her right to revoke without being penalized and without having to specify reasons within seven business days after the relevant product has been delivered.
6.2 Returns are only possible when products are completely new, unused, in the original packaging, exact as delivered by HEL Performance NL. Returns have to be sent in an extra box, which will prevent the productpackaging from any damage.
6.3 If the consumer Buyer uses his or her right to revoke as mentioned in 6.1, and the return is done according to the details is 6.2, HEL Performance NL will ensure a refund is made within 30 days after the payment made by the consumer Buyer.
6.4 Brakelines and clutch lines are excluded from the right of return. All brakelines are custom made products according to your specifications (size/fittings/color) and all sales are final. The right of return is only valid for parts, oil coolers and other non-custom made products from HEL Performance.
7. Retention of title
7.1 The ownership of products will only be transferred to the Buyer once the Buyer has fully settled that which is due with regard to any agreement with HEL Performance NL, notwithstanding the actual delivery. This will be deemed to include any payment of interest and costs which may also be related to earlier or later deliveries and any work performed or to be performed with regard to the products.
7.2 The Buyer may not burden, sell, resell, dispose of or in any other way encumber the products before the ownership has been transferred.
8. Guarantee and liability
8.1 The general guarantee conditions as described in the Dutch law apply to products delivered by HEL Performance NL, unless clearly indicated otherwise. HEL Performance NL products have a warranty term of 1 year.
8.2 HEL Performance NL will never be held liable to pay any compensation to the Buyer or others unless an intentional act or omission or gross negligence is involved on the side of HEL Performance NL. HEL Performance NL will never be deemed liable for consequential or trading loss, indirect damages and/or loss of profits or turnover.
8.3 If HEL Performance NL, for whatever reason, must pay compensation, the compensation will never be higher than an amount that equals the invoice value of the product or service in question.
8.4 Despite the continuous care and attention that HEL Performance NL pays to the composition of the website, it is possible that information published on the website is incomplete and/or incorrect.
8.5 The information on the website is regularly supplemented and/or updated. HEL Performance NL retains the right to implement any amendments with immediate effect and without making any prior announcement.
8.6 The Buyer must exempt HEL Performance NL from any liability that third parties may enforce with regard to the execution of the agreement against HEL Performance NL to the extent the law dictates that the relevant damages and costs should not be at the expense of the Buyer.
8.7 It is possible that HEL Performance NL will include links on its internet site to other Internet sites that might be interesting or informative to the visitor. Such links are purely informative. HEL Performance NL cannot be held responsible for the content of the internet site to which reference is made or the use that can be made of such internet sites.
8.8 The following productsorts have, due to the nature of these products, a limited warranty:
• Lighting products: No warranty on condens and the bulbs/lights itself.
• Bodystyling parts, including all fibreglass parts: No warranty on fitment.
8.9 All products sold by HEL Performance NL are for showuse, or motorsport use only. Not all products are suitable/legal for us on the public road. HEL Performance NL has no responsibility when products are on the public road and/or used in factory cars.
9. Force majeure
9.1 In case of force majeure, HEL Performance NL is not required to meet its obligations with regard to the Buyer and/or the obligation will be suspended for the duration of the force majeure conditions.
9.2 Force majeure will be deemed to mean every circumstance that is not dependent on HEL Performance NL’s will, which means that compliance with HEL Performance NL’s obligations towards the Buyer is fully or partially hampered. Strikes, fires, business disruptions, energy failures, non-delivery or untimely delivery by suppliers or other third parties called in, and the lack of any permit to be obtained via the authorities, will be deemed to be constitute such circumstances. Force majeure will also be deemed to include disruptions to (telecommunications) network or connections or communication systems used and/or the internet site not being available at any given moment.
10. Intellectual property
10.1 The Buyer expressly recognises that all rights to intellectual property of the displayed information, announcements or other statements related to products and/or to the Internet site reside with HEL Performance NL, its suppliers or other entitled parties.
10.2 Intellectual property rights are deemed to include patent laws, copyright, trademark rights, rights on drawings, model rights and/or other (intellectual property) rights or other products as well as patentable and non-patentable technical and/or commercial know-how, methods and concepts.
10.3 The Buyer may never use the intellectual property rights, which will be deemed to include implementing amendments, as described in this section. This includes reproducing of material, without the express prior written consent of HEL Performance NL, its suppliers or other entitled parties unless this purely involves private use in relation to the product itself.
11. Personal details
11.1 HEL Performance NL will only process the information related to the Buyer in agreement with its privacy policy. The Internet site includes a Privacy Statement.
11.2 HEL Performance NL will observe the applicable privacy regulations and legislation in relation to the above.
12. Applicable law and competent court
12.1 All offers and agreements are subject to Dutch law exclusively.
12.2 The applicability of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.
12.3 All disputes related to or arising from offers made by HEL Performance NL or agreements concluded with HEL Performance NL shall be submitted to the competent court in The Netherlands unless the law expressly appoints a different court as the competent court.
13. Cancellations
13.1 If the Buyer want to cancel an order or any of the ordered products after the order is confirmed or shipped out, and/or a prepayment is made, HEL Performance NL reserves the right to send the Buyer an invoice with all costs that are made for this order. This includes shipping- and administration costs, and the Total will be 15% of the original invoice, with a minimum of 25 euro.
13.2 The Buyer can only cancel the salesagreement by a written request (fax, email, or letter). Oral cancellations are not valid. An agreement is cancelled only when HEL Performance NL approves/confirms the cancellation request from the Buyer by fax, email, or letter.
14. Miscellaneous
14.1 HEL Performance NL has its registered office at (5107 RJ), De Slof 6 in Dongen and is registered at the Chamber of Commerce under number 82090777. The VAT registration number is NL862332485B01. Please send all correspondence regarding an agreement or these Terms and Conditions to HEL Performance NL, De Slof 6, 5107 RJ Dongen, The Netherlands, or to the e-mail address posted on the internet site.
14.2 Customer Service can be reached for information on +31 162 386890 every working day from 10am to 5pm. They can also be reached at the following e-mail address: info@showoffimports.nl
14.3 Your messages will be answered within 2 working days by Customer Service.
HEL Performance NL does everything possible to communicate fairly and honestly with its customers. Unfortunately, we cannot always avoid our name being misused by third parties.
