General Terms and Conditions

Jopa Racing Products B.V. in Enter

Article 1: General Terms and Conditions

The following sales, delivery, and payment terms apply to all orders to be executed by the seller. By placing orders, the buyer is deemed to agree to these terms. To the extent that special conditions have been agreed upon at certain points, the general sales, delivery, and payment terms remain in effect for all other matters. Deviations from these terms and/or oral or telephone agreements are only binding on us if they have been confirmed in writing by the management of the seller. Any purchasing conditions or regulations from buyers that deviate from these general sales, delivery, and payment terms do not apply to us unless expressly agreed otherwise in writing.

Article 2: Agreement

All offers from or on behalf of the seller, unless expressly stated otherwise, are entirely non-binding. The order placed by the buyer with the seller directly or through a representative or agent binds the seller only after the seller has confirmed the order; if no written communication from the seller follows within 10 days after the order is placed, the buyer must consider the order as tacitly accepted.

Article 3: Seller's Liability

The seller makes every effort to comply with specified delivery times, special requests regarding shipping, etc. However, the seller is in no way liable for any damage of any kind if delivery times or special requests cannot be met. Nor can the buyer demand the dissolution of the agreement on that basis.

Article 4: Modification of Goods

Changes in execution, color, packaging, as well as printing and form errors regarding goods are reserved.

Article 5: Payment Obligation of the Buyer

The seller remains entitled at all times – on reasonable grounds – to require security for the fulfillment of the buyer's payment obligation before delivering or continuing with the delivery, even if other payment conditions have already been agreed upon. If that security is not provided, the seller has the right to declare the agreement or the part not yet executed dissolved without being liable for any compensation. As long as the buyer has not fulfilled their payment obligation, the seller is in any case not obliged to make further deliveries, including of other orders.

Article 6: Delivery of Goods - Separate Delivery

When delivery is made in parts, each shipment will be invoiced separately.

Orders placed before 2:00 PM will be delivered the next business day throughout the Netherlands if in stock.

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Article 7: Warranty

Any complaints can only be made valid if they are submitted by registered letter within 8 days after the date of receipt of the goods by the seller. In the case of goods that, according to commercial usage, give rise to such claims, any complaints must be submitted within 8 days after the day on which the defect could reasonably have become apparent to the buyer, but never later than three months after the invoice date. Complaints of any kind give the buyer, provided their validity is established, only the right to free replacement, or, if in the seller's opinion this is sufficient, to free repair of the goods. Free replacement or repair simultaneously serves as full settlement of any claim for damages of any kind.

Article 8: Expiration of warranty

The right mentioned in the previous article expires in any case if the specified instructions for use have not been followed or the goods have been mishandled.

Article 9: Returns

Returns can only take place with the express permission of the seller. The buyer's payment obligation regarding the relevant or other deliveries is not suspended by any complaint.

- Returns and/or warranty goods, only after telephone approval and mentioning the invoice number.

- We only accept new items in their undamaged original packaging.

- Without a valid reason for return, we will charge 10% of the purchase price for administration and handling costs.

See also articles 19, 20.

Article 10: Payment conditions

All payments must be made no later than 8 days after the invoice date unless otherwise agreed in writing. If payment is not made by the agreed due date, the seller has the right to claim interest compensation at a rate of 1% per month or a portion thereof, calculated from the day the payment should have been made until the day of payment, without any prior reminder or notice of default being required. Payments by the buyer are made without the possibility of compensation or deduction of costs or discounts, for which no credit note or other agreement from the seller is in the possession of the buyer at the time of payment.

You can pay the invoices in the following ways:

-              Direct debit

-              Bank transfer

-              Cash payment

-              Cash on delivery

Article 11: Claims

In addition to the purchase price and interest, the seller is entitled to claim from the buyer all costs related to the collection of its claims, both judicial and extrajudicial, including the costs of legal assistance, based on the applicable rate for the legal profession in the Netherlands – insofar as these are higher than the costs of the proceedings liquidated by judgment. Without prejudice to the right to full payment of the aforementioned costs, the costs of extrajudicial collection are set at 15% of the seller's claim. Extrajudicial costs are due as soon as the seller has handed over its claim for collection, after the debtor has been once requested in writing to make payment. If the seller applies for the buyer's bankruptcy, the buyer is obliged, in addition to the extrajudicial costs, to bear the costs of the bankruptcy application – also based on the aforementioned hourly rate – when paying the purchase price.

Article 12: Ownership of Goods - Risk

All goods delivered by the seller remain their full property until they have been fully paid for by or on behalf of the buyer. The buyer is obliged to insure the delivered goods against fire, theft, claims for damages from third parties, and against risks, as long as the goods have not yet become their property. The rights arising from this insurance agreement will, however, belong to the seller until full payment is made, and if there is a claim by the buyer against an insurance company, the seller may require the buyer to immediately assign this claim as security for the fulfillment of the payment obligation to the seller. At the request of the seller, the insurance policies and receipts for paid premiums must be handed over to them. If the payment deadlines are not strictly observed, the seller is entitled, without notice of default and without judicial intervention, to reclaim the sold goods at the buyer's expense. The buyer is not entitled to dispose of the goods in any way that would affect the seller's retention of title, regardless of whether the goods are delivered to the buyer themselves or to a third party, except in the case of normal business operations. If the buyer does not pay the due purchase price after being requested to do so by registered letter, the seller has the right to consider the agreement between the parties as dissolved due to the buyer's gross default and to immediately reclaim the sold goods. Such notification must also be made by the seller to the buyer by registered letter.

Article 13: Defects in goods

The seller is never liable for compensation for any damage, direct or indirect, resulting from the inadequacy of the delivered goods. The buyer indemnifies the seller against all consequences of claims that may be made by third parties against the seller regarding the purchased goods.

Article 14: Goods for special purposes

Samples, descriptions, examples, and publications in the broadest sense only approximate the characteristics of the goods to be delivered. We are never liable for any deviations from the aforementioned samples, etc., unless expressly agreed otherwise. The seller does not guarantee in any way the suitability of the goods to be delivered for special purposes and excludes all liability in this regard.

Article 15: Extraordinary circumstances

Extraordinary circumstances, such as war, the threat of war, fire or other destruction, total or partial stagnation in the transport system, illness of personnel or general staff shortages, strikes in our company or elsewhere, exclusion, failure in execution, business disruption in any form, failure to meet obligations by suppliers to the seller in a timely manner, border closures, changes in import duties and/or taxes, the imposition of levies or other measures by competent authorities constitute force majeure for the seller, which releases them from their obligations for the agreed deliveries, without the buyer being able to claim any right to compensation.

Article 16: Application of Dutch Law

Dutch law applies to all agreements to be concluded with buyers; this also applies if it should be concluded based on the doctrine of characteristic performance that a legal system other than Dutch law would be applicable.

Article 17: Disputes

All disputes arising from this agreement can only be brought before the competent court within the district of Almelo.

Article 18: General Prices & Shipping

The sales prices listed in the catalog are amounts in Euros including VAT.

The purchase prices listed on the price list are amounts in Euros excluding VAT.

The prices on our website (www.jopa.nl) are amounts in Euros excluding VAT.

For orders up to €300.00 net excluding VAT, the shipping costs are €8.00 (any cash on delivery costs are an additional €7.00).

Article 19: Team Clothing Jopa Logo

Jopa reserves the right to place a Jopa logo in any form on all delivered goods related to so-called teamwear/team clothing, all goods produced with the assistance of or by Jopa. Deviations from this rule can only be agreed upon in writing. Teamwear/team clothing goods cannot be returned based on the Jopa logo unless it seriously affects the total end product.

Article 20: Custom Team Clothing

All deviations regarding the normal ongoing goods related to teamwear/team clothing must be mandatorily accepted. Deviations are understood to mean: special sizes in addition to the standard sizes, special color combinations. Deviations from this rule can only be made with written consent from the seller.

Article 21: Team Clothing

Teamwear/team clothing refers to all goods produced with the assistance of or by Jopa and goods produced on behalf of Jopa.

Article 22: Delivery of Team Clothing

All agreements regarding teamwear/team clothing do not have a fixed delivery time unless this has been agreed upon in writing.

Article 23: Security and Privacy

By entering into an Agreement, the Customer gives permission to Jopa Racing Products B.V. to process their Personal Data for the purpose of executing the Agreement and the administrative and management tasks of Jopa Racing Products B.V.

This Personal Data is only accessible to Jopa Racing Products B.V. and will not be provided to third parties, unless Jopa Racing Products B.V. is required to do so by law or a court order.

Jopa Racing Products B.V. refrains from accessing (personal) emails and/or files of Customers and does not make them available to third parties, unless Jopa Racing Products B.V. is required to do so by law or a court order, or in the event that the Customer acts (or is suspected of acting) in violation of Dutch law. Insofar as Jopa Racing Products B.V. processes personal data on behalf of the Customer through its services, Jopa Racing Products B.V. does this as a processor of Personal Data within the meaning of the Personal Data Protection Act (Wbp). The Customer will comply with all obligations that rest on them as the controller in the sense of the Wbp for this data processing and indemnifies Jopa Racing Products B.V. against any action based on non-compliance with these obligations. Jopa Racing Products B.V. implements appropriate technical and organizational measures to secure the Personal Data against loss or any form of unlawful processing. These measures guarantee, taking into account the state of the technology and the costs of implementation, an appropriate level of security considering the risks associated with the processing and the nature of the data to be protected. The responsibility for reporting data breaches lies solely with Jopa Racing Products B.V. when it comes to processing personal data of Customers that are stored by Jopa Racing Products B.V.

If the Customer transports Personal Data to countries outside the European Union through the services of Jopa Racing Products B.V., the Customer indemnifies Jopa Racing Products B.V. against all legal claims from third parties based on the assertion that this Personal Data is being exported in violation of the provisions of the Wbp. If, in the opinion of Jopa Racing Products B.V., a danger arises for the functioning of the computer systems or the network of Jopa Racing Products B.V. or third parties and/or for the services provided via a network, particularly due to excessive sending of emails or other data, poorly secured systems, or activities of viruses, trojans, and similar software, Jopa Racing Products B.V. is entitled to take all measures it reasonably deems necessary to avert or prevent this danger.

For personal data of third parties that are stored on or via the Customer's website, the obligation to report a security breach rests entirely with the Customer, even if they use the system of Jopa Racing Products B.V.

NL

Jopa Racing Products

Veldegge 8

7468 DJ Enter

Holland

Tel. 0031 (0)547-382717

www.jopa.nl

info@jopa.nl