USER TERMS AND CONDITIONS
APPLIED BY CONSOLIDATED FX Buggy© B.V.
1. AGREEMENT WITH THESE USER TERMS AND CONDITIONS
This website (“FXBuggy.com”) and all the products referenced herein (not including sites to which reference is made) is managed by FX Buggy© B.V., a limited liability company established in Heeten, the Netherlands. By accessing or visiting the website, and/or purchasing any FX Buggy© B.V. Product, you agree to be bound and obligated by these User Terms and Conditions (“Terms and Conditions”).
2. LINKS TO OTHER WEBSITES
Links to third-party websites are solely included in this website for the convenience of users and do not imply that FX Buggy© B.V. approves or recommends the websites to which links are offered as FX Buggy© B.V. has no control of any kind on the content of such websites. FX Buggy© B.V. is not responsible for those third-party sites, nor is FX Buggy© B.V. responsible for the information they offer nor is FX Buggy© B.V. responsible for the links contained in those third-party websites.
3. LIMITATION OF WARRANTY, LIABILITY, AND ACCURACY
FX Buggy© B.V. makes no promise of any kind that its website or products are free from inaccuracies, defects, errors and/or omissions. FX Buggy© B.V. offers its products and website, including all information it contains for visitors/ users without warranty or guarantee (express or implied) as to merchantability, fitness for a particular purpose, and/or non-infringement or course of performance. In no event shall FX Buggy© B.V. be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, business interruption, and/or other intangible losses resulting from or connected with the use of, the inability to make use of, or using the website, FX Buggy’s© B.V. products, or a linked website. The extent of FX Buggy’s© B.V. liability, if any, is replacement of any defective FX Buggy© B.V. Product or return of purchase price of defective Product, at FX Buggy’s© B.V. sole discretion.
Motor Sport Activities are inherently dangerous and there is significant risk of injury. FX Buggy© B.V., its employees and resellers are not responsible for any injuries caused by using any of FX Buggy’s© B.V. designs or products. Using these products is strictly at your own risk. All FX Buggy© B.V. plans, parts and service are for “off road” use only. None of the plans, parts or service from FX Buggy© BV is intended to be road legal or suitable for road use.
Under no circumstances may the FX Buggy© B.V. products or plans be used in any way on US and Canadian
If you provide us with information or other materials you agree to us making use thereof. FX Buggy© B.V. is in no manner bound to check the information you send to FX Buggy© B.V.’ website. By sending information to us or reacting you consent to FX Buggy© B.V. using that information, publishing it, or amending it in a manner considered by FX Buggy© B.V. to be desirable.
6. APPLICABLE LAW AND CHOICE OF FORUM
Dutch law applies to the User Terms and Conditions and to your use of the website, FX Buggy© B.V. products and any disputes which might arise between user, purchaser, and FX Buggy© B.V.. The venue/forum for resolving any dispute shall be before a competent Judge of the District Court of the Central Netherlands. Failure to file in the agreed upon forum shall subject the user to payment of FX Buggy’s© B.V. legal fees and costs.
7. AMENDING THE USER TERMS AND CONDITIONS
FX Buggy© B.V. retains the right to amend the User Terms and Conditions under which the website and its Products is offered at any and all times. When you visit this website, use FX Buggy’s© B.V. services and/or Products, you agree to accept those amendments.
8. THE AGREEMENT.
The agreement is concluded at the time the consumer accepts the offer. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – within the law – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
9. No right of withdrawal
The Customer does not have withdrawal right on:
- Documents such as plans, building instructions, 3D or 2D Cad files or any other copies from files which cannot be proven as “returned”. FX Buggy© B.V. cannot refund these files as the customer can reserve, detain or withhold multiple copies of this product.
- Products that are damaged, used or badly maintained by the opinion of FX Buggy© B.V. by return of the goods.
10. RIGHT OF WITHDRAWAL
- The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
- The cooling-off period referred to in 10.1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
- for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
11. OBLIGATIONS OF THE CONSUMER DURING THE COVERAGE
- During the cooling-off period referred to in 10.1, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in referred to in 10.1.
- The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
12. EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND ITS COSTS
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the withdrawal period by means of the model form for withdrawal or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in 11.1, the consumer returns the product or hands it to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
13. OBLIGATIONS OF THE ENTREPRENEUR WITHDRAWAL
- If the trader makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
- The entrepreneur reimburses all payments made by the consumer without delay but within 14 days following the day on which he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
14. EXCLUSION RIGHT OF WITHDRAWAL
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
- Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products after delivery due to their nature;
- The delivery of digital content other than on a material medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.
15. INTRODUCTION PRIVACY STATEMENT
FX Buggy© B.V. is committed to protecting your privacy. The complete privacy statement can be found on our website via this link. The privacy statement consist of detailed steps we take to protect your personal information when you visit our websites. It describes the personal information that we collect, the purposes for which we use such information, and your choices regarding our use of it. The steps we take to protect your personal information and how you can review and correct your personal information are also covered here. By accessing our websites, you are consenting to the information collection and use practices described in this privacy statement.
16. COPYRIGHTS & TRADEMARKS
All website design, text, graphics, logos, button icons, audio and video clips, the selection and arrangement thereof, pricing and financial information, product designs and plans, and all software is the exclusive property of FX Buggy© B.V., or its content supplier, Copyrights © 2020, FX Buggy© B.V., ALL RIGHTS RESERVED. Permission is granted to electronically copy and print in hard copy portions of this website for personal, non-commercial purposes, including reviewing information herein, for understanding and/or using the services and Products of FX Buggy© B.V. or for using this website as a resource for use of FX Buggy’s© B.V. Products or services. Any other use of materials on this website – including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of FX Buggy© B.V. is strictly prohibited.
Except as noted in context or herein, all trademarks, service marks, trade dress, product names and company names or logos cited herein are the property of FX Buggy© B.V. with ALL RIGHTS RESERVED.