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Terms and conditions

This web site is owned and controlled by KEMPOWER motorsport NV, company incorporated in Belgium under trade register number "RPR Antwerp, Dept. Hasselt 74.435"
 
By accessing this web site and any services provided by KEMPOWER motorsport NV and/or placing an order, you are subject to the terms and conditions set out below.
Use of the Kempower Motorsport webshop is an acceptance in agreement of these Terms and Conditions.
We may revise these terms and conditions at any time by updating this page.  You should check this page from time to time to review the current terms and conditions, for any further updates and changes.  Certain provisions of these terms and conditions may be superseded by legal notices or terms located on particular pages of this webshop.
 
A) PRICING
1. All prices are shown in this webshop are in Euro, VAT excluded.
2. Although we endeavor to keep all prices and information within the webshop up to date and accurate at all times, on occasion manufacturers and suppliers will make changes without prior warning, for which we reserve the right to make pricing alternations and changes to information displayed.
3. Prices may change without prior notice
4. Parts may change or be discontinued without prior notice.
5. Part numbers may change or be discontinued without prior notice.
6. Offers will only be valid, until the expiry date of that offer.
7. We have the right to stop any activity without prior notice
8. If a pricing error occurs through the webshop or by quotation upon enquiry or point of ordering, reserve the right to inform you of this error, and if you wish to proceed, make the necessary amendments prior to processing your order.
 
B) COPYRIGHT
1. The use of any text or pictures from our website, needs an official written agreement from KEMPOWER motorsport NV.
2. Copying Kempower hardware, software or any intellectual property of Kempower motorsport NV will be prosecuted in court.

C) ORDERING
1. When ordering online you are deemed to place the order through our secure online checkout process.  As part of our checkout process you will be given the opportunity to check your order and to correct any errors.  This information is also available to view by logging into your account online using your password and username created on registration.2. Our acceptance of an order takes place when we dispatch the order.  Even if your payment has been processed immediately, we can choose to cancel the order and refund without compensation if no goods are available to send.
3. We may cancel the order :
- where goods are out of stock or no longer available;
- where we cannot obtain authorization for your payment;
- if there has been a pricing or product description error; or
- if you do not meet any eligibility criteria set out in our terms and conditions.

D) PAYMENT
1. All our invoices are in Euro and have to be paid prior to delivery of the goods.
    When paying by bank transfer in advance we charge no fee payment.
    When paying Paypal or creditcard via paypal (€) we charge 3.4% + € 0.35 fee as a contribution to the additional payment costs  
2. As long as the total amount of the invoice has not been paid, the goods remain our property.
3. The invoices not being paid on the expiry date, will be increased with a interest of 2% per month from the expiry date on and with a fixed increase of
    10%, with a minimum of 25,00 € without any further notice.
4. For all services with a cost above 250,00 €, we will ask an advance of 50% before the start of the works. The remaining balance has to be paid on delivery.

E) DELIVERY OF GOODS
1. We will deliver the goods ordered by you to the address you give us for delivery at the time you order.
2. Delivery will be made as soon as possible after your order is accepted. Duration may vary depending on the destination.
3. You will become the owner of the goods you have ordered when they have been delivered to you.Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
4. Goods for delivery outside the European Community may be subject to import duties, taxes and/or customs charges. These charges must be paid by the recipient. You assume full responsibility for complying with any importation regulations. Please contact your local customs office for further details.

Delivery dates are not guaranteed and delays may occur.

F) CANCELATION
The Belgian Bill of Law on Commercial Practice, the Information and Protection of the Customer of 12th April 2010, states that the purchaser has a time for reflection of 14 calendar days for all products bought from the webshop.
This period starts as soon as you or someone assigned by you has received the goods. During this period we expect you to handle the goods and the package material carefully. The right to cancel the purchase is not possible when the product and the package material are no longer original, undamaged and unused.
When you want to cancel the purchase, you must inform us by letter within 14 calendar days following the day of delivery of the goods.
1. The goods can only be returned after official authorization by Kempower motorsport NV, and must be returned undamaged, unused and unopened (in their original packaging) at the very latest 14 days after delivery. The shipping date is the control date. All documentation, certificates of guarantee and packing materials must be added to the return shipment, as well as the number of your bank account. The purchaser pays the shipping costs of the returned goods. Understamped or not stamped shipments are always refused and will be sent back to the purchaser.
2. Kempower returns the amount of the purchase, minus 25% restocking & handling charge and minus the shipping costs, within 30 days after the returned goods have been received. If the goods have not been returned in accordance with the conditions of the right to cancel, the amount of the purchase including the shipping costs, will not be returned. The product , in this case, remains your property. On your demand the goods can be sent back to you on the condition of payment of the shipping costs.
Return of goods will not be accepted under following conditions :
- When a product was supplied that was not originally in stock
- When a product was custom made or changed especially for you the right to cancel the purchase within 14 calendar days does not apply.
- For perishables, cds, dvds, software, cd-roms or other similar products of which the seal has been broken or the packaging opened, return of goods will not
  be accepted.

- Repayment is not possible when a product has been worn, used or damaged in any other way
3. In case of cancellation of a job order, we will calculate a compensation of the loss with a minimum of 25% of the total cost of the job.
4. Delivery dates are only an indication of estimated time. Time delays on this estimated date are not a valid reason to cancel an order or a job.

Exclusion of the right of withdrawal
In case of products that are made to order, the customer will be informed of the lead time in writing.  The reflection period starts on the day of this written information. Once this period has passed and the customer has not reacted in writing, the exclusion of the right of withdrawal becomes effective.


G) REGISTRATION
1. Each registration is for a single user only.  We do not permit you to share your user name and password with any other person nor with multiple users on a network.
2. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you can change it directly after logging into the webshop. It is your responsibility to take this action.
3. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

H) LIABIITY
1. We, any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contract, use of money, or loss of damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such website, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any website linked to this website.
2. Whilst we do our best to deliver all goods in due time, there can be delays sometimes which are out of our control and sometimes unforeseen. We will endeavor to notify you of any delays foreseen where possible, but we shall not accept liability for any losses, damages, or costs incurred due to a delay in delivery.  We urge you not to arrange to have parts fitted or modified until such time as the parts have safely arrived with you as we will not accept responsibility for any cancellation or fitting fees incurred as a result.
We will not be held responsible for any fitting costs incurred by the customer on goods supplied.  If goods have been incorrectly supplied, it is your responsibility to notify us of this prior to fitting stage.  On goods fitted that are later found to be faulty, compensation is not guaranteed and is at the discretion of the manufacturer.
3. Nothing in these terms and conditions shall exclude or limit our liability for :
    - death or personal injury caused by negligence
    - fraud
    - misrepresentation as to a fundamental matter or
    - any liability which cannot be excluded or limited under applicable law.
4. If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
5. You agree to indemnify us fully, defend and hold us harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use of any other person using your registrations details.

I) CLAIMS
The customer is obliged to control the goods thoroughly immediately after receiving them. He has to control whether the goods are conform to the agreement.
1. Claims are only valid when they are officially written to Kempower motorsport NV within the 7 days after delivery of the goods, invoice or car.
2. We have the sole right to accord warranty or not on goods or services. The investigation may only be done by Kempower motorsport NV. We will not accept any costs claimed by the customer for testing or investigation by himself ,third persons or other companies.
3. Warranties may only be performed by Kempower motorsport NV in our workshop. We will not accept any costs claimed by the customer for a repair by himself ,third persons or other companies. Possible towing costs will also be rejected, if they are not officially admitted by Kempower motorsport NV.

ALL PRICES ARE
VAT EXCLUDED

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