GENERAL TERMS AND CONDITIONS GEAR2WIN
GENERAL TERMS AND CONDITIONS GEAR2WIN
In these General Terms and Conditions, the following terms have the following meanings:
'Gear2Win': the public limited company under Belgian law Gear2Win, listed under enterprise number BE0837.366.554, with warehouse address: Lodewijk de Raetstraat 62, Lommel (Belgium).
'Purchaser': any private individual (B2C) that has or will be having a contractual relationship of whatever nature with Gear2Win.
'Products': the subject of one or more sales contracts.
“Having been involved in motocross racing our entire lives, we can truly say that the sport is in our blood. We attend almost every MX GP worldwide, forming relationships with manufacturers and athletes, helping us to recognize the latest and best quality products and passing that on to you. We only sell race wear and parts that we have seen to be superb quality, looks good and is good value. Another factor that we strongly believe in is getting our customers their desired products as fast and efficiently as possible. For this reason we work with a state of the art warehouse and professional warehousing team that are fully trained in our products. Orders are immediately past though a secure ordering system and are then picked and packed by our dedicated staff, ensuring your parcel is prepared quickly and sent straight out to you. All race wear that shows as in stock on our site, is in stock in our warehouse and ready for immediate dispatch. Being based in Belgium, the heart of Europe, we are ideally located for quick and secure shipments throughout the continent and the UK.”
Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the stipulations included in the specific conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise provided. Derogation from one or more of the stipulations included in these General Terms and Conditions can only be effectuated on condition that there is explicitly agreed evidence in writing. In that case, the remaining stipulations included in these Terms and Conditions shall remain fully in force. Any General Terms and Conditions applied by the Purchaser are not applicable. Gear2Win reserves the right to modify and/or supplement the General Terms and Conditions at any time for future orders.
By using the website or another electronic portal of Gear2Win and/or placing an order, the Purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website. Gear2Win can make an appeal to third parties if this is required for a correct execution of a contract with the Purchaser. Gear2Win can be reached via ‘gear2win.com.
2. Information and contracts
Gear2Win places information regarding the features of its products online with the utmost care, including technical descriptions, which are based on details of its partners and suppliers, and photos to illustrate the products. All this in so far as technical means allow and in accordance with the best standards in the market.
A contract is concluded at the moment an order confirmation has been handed to the Purchaser or, in case the offer was made via the website, has been sent to the e-mail address indicated by the Purchaser. An offer made out in the name of a specific person is valid for 2 weeks, unless a different term is stated in the offer. Gear2Win and its Purchaser explicitly agree that a valid sales contract is concluded by using electronic forms of communication. In particular the lack of an ordinary, digital or electronically qualified signature does not affect the binding effect of the offer and its acceptance. In this respect, the electronic files of Gear2Win shall be considered to be presumptive evidence, in so far as the law permits such. Information, images, verbal communications, statements, etc. related to any of the offers and the most important product features provided by telephone or via e-mail, will be reflected, given or made as accurately as possible.
All prices are expressed in euros (and possibly in other international currencies such as GBP and USD) and include VAT and other taxes. Special offers are only valid as long as stocks last. The Purchaser owes the price communicated to it by Gear2Win in its confirmation in accordance with article 2.3 of these Terms and Conditions. Obvious or abundantly clear errors in the quotation, such as evident misstatements, can also be corrected by Gear2Win after formation of the contract. Delivery charges are communicated in a clear manner to the Purchaser. With regard to certain methods of payment, further conditions concerning delivery method and possible costs apply. This is communicated to the Purchaser in a clear manner.
The sales prices indicated on the site include all taxes, but not dispatch costs. Any dispatch costs are borne by the Purchaser and will be reflected on checking out your digital shopping cart. We reserve the right to change the prices at any given time, but we commit ourselves to apply the rates shown on the site at the time of your order. Online orders can be paid via the usual valid and internationally accepted credit cards and electronic payment methods. Security measures via SSL are intended to allow your online payment to proceed safely. If payment cannot be handled immediately due to choosing a financial means of payment incapable of effectuating such immediate payment, Gear2Win stipulates a term of payment of 14 days from the invoice date. If a client fails to pay the invoice within the term stated above, legal interest commences to accrue and will be due without explicit notice of default. If Gear2Win does not receive payment after 3 demands, the invoice will be handed over to a debt-collection agency, which will handle the procedure further. Complaints must be filed within one week from the invoice date. Filing a complaint shall in no way lead to a suspension of payment. Furthermore, any (extra)judicial costs of whatever nature incurred by Gear2Win as a consequence of failure on the part of the Purchaser to comply with its (payment) obligations, will be borne by the Purchaser.
If a credit card is the chosen payment method, the conditions of the relevant card issuer apply to it. Gear2Win is not a party with regard to the relationship between the Purchaser and the card issuer.
We process your order depending on available stock. Where a product you ordered is not in stock, we commit ourselves to inform you thereof via e-mail within 15 days from placing the order and to indicate the period of time within which the product can be delivered to you.
Orders are delivered as quickly as materially possible. At present, Gear2Win N.V. offers you ways delivery, namely via UPS. This way, you receive your order by courier. Gear2Win N.V. does everything within its power to respect specified delivery times. However, Gear2Win does not assume responsibility for late deliveries or orders going missing due to third parties, unforeseen circumstances or force majeure. If an order is not delivered within the time indicated, an investigation will be held at the carrier, which may take several days. In this period, no reimbursements or other dispatches can be effectuated. It is important that you check whether the products are in conformity with the order when you receive them and, if this is not the case, inform Gear2Win N.V. thereof within seven (7) working days. All reports of orders arriving too late must be reported by e-mail via email@example.com. Returned products are only accepted if they are in their original state, that is, in their packaging, including accessories and user manual.
Subject to other provisions, the final delivery date is thirty (30) days from receipt of the order, except in case of payment via transfer, whose final delivery date is 30 days from receipt of payment. This final delivery period is only applicable for sale to consumers (B2C). Concerning sales to legal entities, delivery periods of several months should be taken into account.
The delivery date mentioned only applies as an indication, in so far as the Belgian Market Practice Act (Wet Marktpraktijken) permits, reason for which no rights can be derived from it. Delivery takes place at the address specified by the Purchaser on concluding the contract. As soon as the products to be delivered have been delivered to the specified address, the risk passes to the Purchaser.
6. Identity theft and credit fraud
In order to assure the safety of your online transactions, Gear2Win N.V. cooperates with authorized credit card payment partners and publishers. Payment can be made using the following (credit) cards: Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro, and others who are unambiguously mentioned on the website. Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. Loss or theft of your identity or credit card information is hereby reduced to a minimum risk. Gear2Win stores your identity and transaction information over a period of one (1) year in a secure, encrypted database, environment. Gear2Win believes all possible and appropriate precautions have been taken. Therefore, Gear2Win cannot be held liable for possible identity theft or financial theft.
7. Defects and complaint filing
The Purchaser is always obliged to scrutinize the products immediately following receipt. Complaints from the Purchaser related to defects of the product or delivery that can be observed on the outside, must be notified in writing to Gear2Win by the Purchaser within seven (7) days from delivery (or within seven (7) days from the invoice date if the products are not (or could not be) delivered to the Purchaser). We advise you to send your order by registered mail and take out an insurance policy in respect of the carrier for the market value of the products, such in case of theft or loss of the products at the carrier. Costs of returning goods are in all cases borne by the Purchaser.
The Purchaser is not entitled to return any product in respect of which there exists no reasoned complaint. If the preceding is not complied with and goods are returned wrongly, all costs related to returning the goods are borne by the Purchaser. In that case, Gear2Win shall be free to store the items with third parties at the risk and expense of the Purchaser and/or return such goods to the Purchaser on the Purchaser’s implicit or explicit request and expense.
The Belgian Market Practice Act provides that the Purchaser can return the product within a period of time of 14 working days without any consequences in the sense of penalties or giving reasons. This is called the right of withdrawal. However, products which were custom designed (designed to measure in accordance with the needs or explicitly expressed wishes of the Purchaser) fall outside the scope of Article 47, § 4, 2 ° WMPC. These could include: various clothing (especially for protective gear such as helmets, gloves, goggles, boots), accessories (oils, parts, tyres etc) and related goods. Such products, if custom made or designed, are therefore not eligible for a refund.
Also, products where the seal has been broken are not covered by this provision and neither are products designed to measure or highly perishable goods. In the case in question, these could include articles of audiovisual nature (concerning activities).
A returned consignment must be sent by mail or another carrier. Returning an order is at the risk and expense of the User, except when the product is not as agreed. The client must return the product to the After Sales Service of Gear2Win and apply for a return document via firstname.lastname@example.org. within the guarantee extension period.
In case of a valid and legally correct use of the abovementioned renunciation right, Gear2Win will reimburse the sum paid by the Purchaser to Gear2Win within seven (7) working days by means of a payment method at its discretion but generally accepted internationally.
No reimbursement is possible if the renunciation right is exercised unlawfully. In that case, on the understanding that reasons are stated, the goods will be returned to the Purchaser at the Purchaser’s own risk and expense.
Please provide a separate button on your shop, called “RETURN POLICY” or “CHANGING”, with the above text. If possible, keep the formatting (bold and with frame).
As imposed by prevailing and relevant statutory provisions, a statutory guarantee applies to the products provided by Gear2Win. If the article delivered fails to conform to the contract, the Purchaser must notify Gear2Win thereof no later than within seven (7) working days following the delivery. Any possible compensation resulting from this shall never exceed the amount invoiced to the Purchaser. General or normal wear and tear, changes to the product caused unintentionally or intentionally by the Purchaser, inability to submit an original invoice or valid evidence of payment and several omissions are explicit, but not for that reason limitative, exceptions to the abovementioned guarantee scheme.
URLs included on the website or other electronic communication portals, which are actually controlled by Gear2Win, are to be clicked and visited entirely on the Purchaser’s own responsibility.
10. Force majeure
In case of force majeure, Gear2Win shall not be obliged to comply with its obligations in respect of the other party. Gear2Win will be entitled to suspend the performance of its obligations for the duration of the force majeure.
Force majeure shall be taken to mean any circumstance beyond its control which entirely or partially prevents compliance with its obligations in respect of the other party.
11. Intellectual property
All intellectual property rights and derived rights continue to be retained by Gear2Win. These intellectual property rights shall be taken to mean copyrights, trademark rights, designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.
12. Processing of personal data
The information you have stated is necessary for the processing and completion of orders and the preparation of invoices and guarantee agreements. If these data fail, the order is inevitably cancelled. Giving incorrect or false personal data is considered to be a breach of the present General Terms and Conditions. The Purchaser’s personal data are exclusively processed in accordance with the prevailing privacy statement, which can be consulted via the Gear2Win website.
13. Applicable law and competent court
Belgian law shall be of exclusive application to all offers and contracts. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related to or arising from offers from Gear2Win or contracts concluded with it, will be submitted to the competent territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one.
14. Gift Cards
Gear2win Gift Cards are valid for 12 months from date of activation and cannot be applied retrospectively and are only redeemable against in stock items. Gift cards cannot be exchanged for cash