General Terms and Conditions
General Terms and Conditions Banis Tuning
Article 1 - Definitions
1.1. Banis Tuning : The user of these general terms and conditions, registered with the Chamber of Commerce under number 94491313.
1.2. Customer : The natural person or legal entity who enters into an agreement with Banis Tuning.
1.3. Products : All tuning parts and related services offered by Banis Tuning.
1.4. Agreement : Any agreement concluded between Banis Tuning and the customer, including these general terms and conditions.
Article 2 - Applicability
2.1. These general terms and conditions apply to all offers, quotations, agreements and deliveries of Banis Tuning, unless otherwise agreed in writing.
2.2. Deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
Article 3 - Offers and Quotations
3.1. All offers and quotations from Banis Tuning are without obligation and valid for 30 days, unless stated otherwise.
3.2. Banis Tuning is not bound by obvious errors or mistakes in offers or quotations.
Article 4 - Prices and Payment
4.1. All prices are exclusive of VAT and other government levies, unless otherwise stated.
4.2. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing.
4.3. In the event of late payment, the customer is legally in default and Banis Tuning is entitled to charge statutory interest and collection costs.
Article 5 - Delivery and Transfer of Risk
5.1. Delivery of products will take place in the manner and at the time agreed in the agreement.
5.2. The risk of loss or damage to products passes to the customer at the time of delivery.
5.3. Delivery times are indicative and cannot give rise to compensation or termination of the agreement if they are exceeded.
Article 6 - Retention of title
6.1. All delivered products remain the property of Banis Tuning until the customer has fully met his payment obligations.
6.2. The customer is not entitled to pledge or otherwise encumber the products as long as ownership has not yet been transferred.
Article 7 - Warranty and Complaints
7.1. Banis Tuning guarantees that the delivered products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability.
7.2. Complaints about defects must be reported to Banis Tuning in writing within 14 days of delivery.
7.3. If a complaint is justified, Banis Tuning will, at its discretion, repair or replace the products free of charge, or pay a replacement fee.
Article 8 - Liability
8.1. Banis Tuning's liability is limited to direct damage up to a maximum of the invoice amount of the relevant delivery.
8.2. Banis Tuning is not liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business stagnation.
Article 9 - Force Majeure
9.1. In the event of force majeure, Banis Tuning is not bound to its obligations towards the customer. Force majeure is understood to mean: any circumstance beyond the control of Banis Tuning that temporarily or permanently prevents compliance with the agreement.
9.2. In the event of force majeure, Banis Tuning has the right to terminate the agreement without any obligation to pay damages.
Article 10 - Applicable Law and Disputes
10.1. All legal relationships in which Banis Tuning is a party are exclusively governed by Dutch law.
10.2. Disputes between Banis Tuning and the customer will initially be submitted to the competent court in the district where Banis Tuning is established, unless mandatory law provides otherwise.
Article 11 - Changes and Location of the Terms and Conditions
11.1. Banis Tuning is entitled to amend or supplement these general terms and conditions. Amendments will enter into force at the announced time of entry into force.
11.2. The most recent version of the general terms and conditions is always available on the Banis Tuning website and a copy will be sent upon request.