Dutch PostNL takes care of all shipments. Barring exceptionally unforeseen circumstances (natural disasters, terrorist attacks, etc.) Bleekemolens Race Planet will take responsibility if goods are damaged. This means that you can return the damaged goods at Bleekemolens Race Planet’s expense and will be reimbursed for the full purchase amount, the initial shipping costs and the return expenses.
Gift vouchers are valid for one year and automatically expire after that year. Refunds of the purchase amount or the return shipment of the voucher are not possible.
Our website processes a number of data. For instance, we log what kinds of devices are used to visit our website and we store your contact details when you make a kart heat reservation. In doing so, we comply with the requirements and support your rights, as specified by the GDPR and privacy regulations. In this privacy statement we list which data we collect and how it is used.
Which data do we collect?
When you use the Race Planet website, multiple details are filed. Part of this data is collected automatically and part is provided by you when, for example, you create an account. Race Planet ensures that the collection of personal data is limited to the details needed for the purposes laid down. These details can be collected by cookies on our website.
Race Planet can file the following information about you:
• Address details
• Email address
• Phone number
• Pictures for go-kart registration
• Date of birth
• Location and issuing date of the driving licence
• Payment information
• Purchase history
How do we use this information?
Race Planet can use the collected information for a number of purposes. For instance, it may show us who will visit our go-kart tracks today. This information is collected to ensure proper functioning of the website, improvements to the website, to use for marketing purposes and insurances and to enable contact, if necessary. Race Planet will not hold on to this information any longer than necessary for said purposes and/or for compliance with legislation. The data is stored in various ways and is well secured.
In some cases, we might share your personal data with third parties, for example when insurance policies necessitate this. The provision of personal details to third parties is exclusively limited to the foundations mentioned in the Privacy Statement. Third parties to whom we provide your details have their own responsibility with regard to GDPR compliance. Bleekemolens Race Planet cannot be held accountable or responsible for the processing of personal information by third parties. When a third party processes your details in the capacity of processor, we will sign a data processing agreement, conform GDPR requirements.
As person concerned you have a number of rights:
• The right to inspect the personal details we have collected about you.
• The right to delete your personal details.
• The right to correct or improve these details, should they be incorrect or incomplete.
• The right to object to the processing of personal details, or to request limitation.
• The right to withdraw permission.
• The right to data portability.
• The right to object profiling.
• The right to lodge a complaint with the supervisory authority.
• Please note: you need to be aware that there may be circumstances in which we are empowered not to cooperate with your request. In particular, when this is necessary to comply with legal obligations.
Do you wish to access, correct or delete your details? Please send an email to: [email protected]. We cannot modify or delete personal details that we are required to keep for insurance purposes.
GENERAL TERMS AND CONDITIONS FOR CONSUMER DELIVERY
Bleekemolens Race Planet
1046 BC Amsterdam
Hereinafter referred to as: user
Article 1 – Definitions
- In these general conditions, the following terms have the following meanings, unless explicitly indicated otherwise.
User: the user of the general conditions;
Consumer: a contracting party, who is a natural person and who is not acting in the conduct of a business or profession;
Consumer purchase: the purchase and sales agreement concerning a movable thing, concluded by a seller acting in the course of a profession or business, and a consumer, a natural person, who does not act in the conduct of a profession or business.
Article 2 – General
- These conditions apply to any offer, quotation or agreement between the user and the consumer, to which the user states them to apply, provided neither party deviated from these conditions explicitly and in writing.
- The present conditions also apply to any agreements with the user, which involve a third party to carry out the agreement.
- Any deviations from these General Terms and Conditions are only valid when agreed upon explicitly and in writing.
(See also: Explanation per article under 1)
Article 3 – Offers and Quotations
- All offers and quotations are non-binding and are made in one written form or another unless the user forgoes the written offer due to practical, urgent or other reasons. The quotation bears a date or the date is determinable.
- The user is only bound by the offers and quotations if the client accepts within 14 days, preferably in writing. Unless otherwise stated, all prices quoted are inclusive of VAT.
- The user cannot be bound by his offers and quotations if the consumer should have understood, in terms of reasonableness and judiciousness and views prevailing in society, that the offer or quotation, or a part thereof contains an apparent error or spelling mistake.4. If the acceptance (on minor points) differs from the ones mentioned in the offer, the user cannot be held to it. The agreement will then not come into being consistent with this departing acceptance unless the user so indicates.
- A combined quotation will not oblige the user to deliver part of the proposal stated in this offer or quotation for a corresponding part of the price.6. Offers and quotations do not apply automatically to future orders.
(See also: Explanation per article under 2)
Article 4 – Conclusion of the Agreement
- The agreement is concluded through the timely acceptance by the consumer of the user’s offer.
Article 5 – Delivery
- Unless agreed otherwise, deliveries shall be ex-factory/shop/warehouse of the user.
- The consumer is obliged to accept the goods purchased at the moment of delivery, or at the moment they are available to him.
- If that the consumer refuses acceptance or is negligent in the provision of information or instructions necessary for delivery, the goods intended for delivery will be stored at the risk of the consumer, once the user has notified him accordingly. The consumer will in such case be due all additional costs.
- If the user and the consumer agree upon service, the purchased goods will be delivered at the consumer’s expense. The user reserves the right to invoice the service charge separately.5. If it was agreed that the goods would be delivered in stages, the user may suspend the performance of such parts that belong to a following stage, until the consumer has approved the results of the preceding stage in writing.
- If the user requires information from the consumer in connection with the execution of the agreement, the delivery time starts only after the consumer has provided the information to the user.
- A delivery period stated by the user is an indication. A stated delivery time is therefore never an absolute deadline. The final time of delivery will never exceed the given time of delivery by more than one week unless there is force majeure. If the delivery time is exceeded, the consumer should give the user notice of default in writing.(See also: Explanation per article under 3)
Article 6 – Guarantees
- The user guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free of any defects.
- The guarantee stipulated under 1. also applies if the goods to be delivered are intended for use abroad and the consumer explicitly notified the user in writing of such use at the time the agreement was concluded.
- The guarantee stipulated under 1. for non-electronic goods lasts for a period of 14 days after delivery. The guarantee stipulated under 1. for electronic goods lasts for a period of 3 months after delivery.
- If the goods to be delivered do not meet these guarantees, the user will replace the goods or have them repaired, either within a reasonable time after receipt of the goods or, if return shipment is not reasonably possible, after written notification by the consumer regarding the defect, at the user’s choice. In the event of replacement, the consumer hereby undertakes to return the replaced item to the user and allows ownership thereof to revert to the user.5. This guarantee does not apply when the defect is the result of injudicious, or improper use, or when the consumer or third parties, without the user’s written permission, have introduced or tried to introduce modifications to the item in question or have used the item for any purpose for which it is not designed.
6. In case the delivered item does not comply with the agreement and this non-conformity is a defect conform the product-liability rules, the user is, in principle, not liable for any consequential damage.
(See also: Explanation per article under 4)
Article 7 – Samples and Models
- If a sample or model is displayed or supplied by the user to the consumer, this sample or model will be equal to the case, unless it acted as an indication.
Article 8 – Retention of Title
- The user will remain the full owner of the delivered item until the purchase price has been paid in full.
Article 9 – Research, Objections
- The consumer is obliged to check (or have checked) the delivered item upon receipt, or, in any case, as soon as possible. In this connection, the consumer must ascertain whether the quality and quantity of the item delivered corresponds with the agreement or at least meets the requirements applicable thereto in normal (commercial) dealings.
- Any visible shortcomings must be communicated in writing to the user within three days following delivery unless the latter is impossible or unreasonably onerous.3. Non-visible shortcomings must be notified to the user within 8 days after discovery, yet no later than the guarantee period, in compliance with the previous paragraph of this article. On expiry of the guarantee period, the user is entitled to charge all costs of repair or replacement, including administration, shipment and call-out costs.
- In the event of damage or loss caused by shipment, the outcome of the third-party investigation will be awaited.5. If, in accordance with the preceding paragraph, a complaint is made in good time, the consumer will remain obliged to take delivery of and any pay for the purchased goods. If the consumer wishes to return defective goods, he shall do so following prior written consent of the user in the manner indicated by the user.
(See also: Explanation per article under 5)
Article 10 – Passing of risk
- The risk of loss of or damage to the products which are the subject of the agreement will pass to the consumer immediately upon the legal/factual delivery thereof to the consumer and when they fall under the control of the consumer or a third party as designated by the consumer.
- The user will bear the costs of the risk of product loss during shipment.
- The user and the consumer will bear the costs of the risk of product damage during shipment. Both will receive 50% of the amount reimbursed by the shipping company.
(See also: Explanation per article under 6)
Article 11 – Price increase
- If the user and the consumer agree on a certain price upon conclusion of the agreement, the user is nevertheless entitled to raising the price, even if the price was not originally subject to changes.
- If a price increase occurs within 2 months after conclusion of the agreement, the consumer
is entitled to cancel the agreement with a written notification, regardless of the percentage of the raise, unless the power to raise the price flows from a disposition in the law.
- If the price increase occurs after two months after conclusion of the agreement, the consumer is entitled to cancel the agreement, if the price increase exceeds 5%, unless the price increase flows from a modification in the agreement or from a disposition in the law.(See also: Explanation per article under 7)
Article 12 – Payment
- Unless agreed differently, payment must be made net and in cash upon delivery.
- If payment is not made in cash, it needs to be done within 14 days after the invoice date, in a manner indicated by the user and in the currency as invoiced.
- Objections against the amount of the invoices do not suspend the payment obligation.
- After the expiry of 14 days from the date of invoice, the customer is deemed to be in default. As from the moment he is in default, the customer will owe interest of 1% per month on the amount due, unless the legal interest rate is higher, in which case said legal interest is payable.
- In the event of bankruptcy, suspension of payments or guardianship, all the user’s claims and all the consumer’s obligations to the user shall immediately become due.
- The user will be entitled to use the sums paid by the consumer in the first instance in reduction of the costs, then to reduce the interest owed, and finally towards payment of the principal sum and current interest.
The user can, without thereby being deemed to be in default, refuse an offer of payment, if the consumer proposes to allocate the money in a different sequence.
The user is entitled to refuse full payment of the principal sum if said payment does not include the interest still due, the current interest and the costs.
(See also: Explanation per article under 8)
Article 13 – Suspension and cancellation
- The user is authorised to suspend the fulfilment of the obligations under the agreement or to dissolve the agreement, if:– the consumer does not, or not fully, fulfil his obligations under the agreement
– after the conclusion of the agreement, the user is informed of circumstances which give the user serious reason to fear that the consumer will not fulfil his obligations. In the event that there are good grounds for fearing that the purchaser will only partly or not properly abide by his obligations, suspension will be permitted only if and insofar as the shortcoming would justify such action.
– the consumer, upon entering the agreement, was requested to provide some security for the fulfilment of his obligations, and this security fails to occur or is unsatisfactory. As soon as the security is provided, the power to suspend expires, unless the payment is unreasonably delayed.
2. Moreover, the user is authorised to dissolve the agreement or cause it to be dissolved if circumstances arise such that compliance with the agreement may no longer be demanded, or may not be demanded according to any measure of reasonableness and fairness, or if circumstances otherwise arise so that the unaltered continuation of the agreement may no longer be reasonably expected.
3. If the agreement is annulled, the claims of the user on the consumer immediately fall due. If the user suspends compliance with his obligations, he retains his claims by law and under the contract.
4. The user always reserves the right to claim compensation.
Article 14 – Collection Costs
- Should the consumer be in breach or default in the performance of any of his obligations, then all reasonable costs incurred in obtaining payment out of court are to be met by the consumer. In any case, the consumer will be liable for collection costs in case of a financial claim. The collection costs are calculated in accordance with the recovery rates of the “Nederlandse Orde van Advocaten” (“Dutch Law Society”).
- If the user demonstrates to have incurred higher costs that were reasonably required, these also come into consideration for compensation.(See also: Explanation per article under 9)
Article 15 – Indemnities
- The consumer will indemnify the user against any third party claims relating to intellectual property rights to materials or data provided by the customer and used during the execution of the agreement.
- If the consumer makes information carriers, electronic files, or software, etc. available to the user, he guarantees that these information carriers, electronic files or software are free of viruses and defects.
Article 16 – Intellectual property and copyrights
- Subject to the other provisions in these General Terms and Conditions, the user reserves the rights and powers vested in it under the Copyright Act.2. The consumer is not allowed to introduce changes to the goods and material provided, unless the nature of the delivered goods and material dictates otherwise or if agreed upon otherwise in writing.
3. The designs, sketches, drawings, films, software, and other materials or (electronic) files, brought by the user in the framework of the agreement, remain in the ownership of the user, regardless of whether these are given to the consumer or a third party unless agreed otherwise.
4. Any documents provided by the user, such as designs, sketches, drawings, films, software, electronic files etc., are intended solely for the consumer’s own use and may not without the previous express permission of the user be duplicated, or made public by the consumer, nor brought by the consumer to the knowledge of any third party, unless the nature of the documents shows otherwise.
5. The user will retain the right to use any knowledge acquired pursuant to the performance of the work for other purposes, to the extent that this does not involve disclosing any confidential information to third parties.
Article 17 – Liability
- Should the goods delivered by the user be defective, the user’s liability towards the consumer is limited to those conditions regulated under ‘Guarantees’.2. When the producer of a defective item is liable for consequential damage, the user’s liability will be limited to repairing or replacing the defective item, or to repayment of the purchase price.
3. Notwithstanding the foregoing, the user is not liable if the damage is due to intentional and / or gross negligence and / or imputable actions, or injudicious or improper use by the consumer.
4. The restrictions of liability for direct damage incorporated in these General Terms and Conditions do not apply if the damage is due to intent or gross negligence of user or his subordinates.
(See also: Explanation per article under 10)
Article 18 – Force Majeure
- Neither party will be obliged to fulfil any obligation if they are prevented from doing so due to a circumstance which cannot be attributed to gross negligence, and which is not regarded as their responsibility by virtue of the law, legal action or according to generally accepted standards.
- In these General Terms and Conditions, the term ‘force majeure’ will be taken to mean – in addition to its definition in law and legal precedent – all external causes, foreseen or unforeseen, which the user cannot influence, but as a result of which the user is unable to perform its obligations. This includes strikes in the user’s company.
- The user also has the right to invoke force majeure, if the circumstance rendering (further) fulfilment of the obligation(s) occurs after the date that the user should have fulfilled the agreement.4. The parties may suspend the obligations ensuing from the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each party is entitled to terminate the agreement without any obligation to pay damages to the other party.
- Insofar as the user has already partly performed or will be able to partly perform its obligations arising from the agreement at the time when the force majeure occurs, and that part performed or to be performed is of independent value, the user will be entitled to invoice the part performed or to be performed separately. The consumer is obliged to pay this invoice as though it were a separate agreement.(See also: Explanation per article under 11)
Article 19 – Disputes
- The Court in the user’s place of business will have exclusive jurisdiction to hear actions unless the District Court is the competent Court. However, the user has the right to bring the dispute before the legally competent court.(See also: Explanation per article under 12)
Article 20 – Applicable law
- Dutch legal rights and conditions apply to any agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded.
Article 21 –Modification and localisation of Conditions
1. These Conditions are deposited with the Chamber of Commerce in Tiel.
2. The latest version that has been filed, or the version that was valid at the time at which the agreement was concluded, is applicable.