Refund Policy

General Terms and Conditions – Ruud Fredriks Dynojet V.O.F.

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

Article 9 - Obligations of the entrepreneur upon withdrawal

Article 10 - Exclusion of the Right of Withdrawal

Article 11 - The Price

Article 12 - Performance and Additional Warranty

Article 13 - Delivery and Execution

Article 14 - Payment

Article 15 - Complaints Procedure

Article 16 - Disputes

Article 17 - Supplementary or Derogating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Ancillary agreement: an agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: an agreement for regular supply of goods, services, and/or digital content over a specified period;
Durable medium: any instrument - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, one or more remote communication techniques are exclusively or partly used;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal forir order;
Remote communication technique: a means that can be used for concluding a contract, without the consumer and entrepreneur having to be simultaneously present in the same room.

Article 2 - Identity of the entrepreneur

Ruud Fredriks Dynojet V.O.F.

Albert Plesmanweg 20, 4462GC, Goes

Phone number: +31113-271770

E-mailadres: info@tovami.com

CoC number: 71858814

VAT identification number: NL858876905B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or by other means upon request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 - The offer

If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer are not binding on the entrepreneur.
Every offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.
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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, he is entitled to refuse an order or application with justification, or to attach special conditions to its execution.
At the latest upon delivery of the product, service, or digital content, the entrepreneur shall provide the consumer with the following information, 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 entrepreneur's establishment where the consumer can submit complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information regarding warranties and existing after-sales service;
the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
the requirements for termination of 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 withdrawal form.
In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of Withdrawal

For products:

The consumer can cancel an agreement concerning the purchase of a product during a 14-day cooling-off period without stating reasons. The entrepreneur may ask the consumer for reason for withdrawal, but cannot oblige them to state their reason(s).
The cooling-off period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple 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, received the last shipment or the last part;*
B2B Business orders are excluded from the right of withdrawal.

*in agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, received the first product.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium, in case of failure to inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics, and functioning. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is only liable for any diminished value of the product resulting from handling the product in a manner beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

Als de consument gebruik maakt van zijn herroepingsrecht, meldt hij dit binnen de bedenktermijn door middel van een e-mail naar info@tovami.com
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return period if the product is returned before the cooling-off period has expired.
The consumer must return the product with all supplied accessories, 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 the burden of proof for correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved by operation of law.

Article 9 - Obligations of the Entrepreneur upon Withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, they will immediately send an acknowledgment of receipt upon receiving this notification.
The entrepreneur will reimburse the consumer's payments (excluding any shipping costs). Payment will be made within 14 days of receipt. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for more expensive method.

Article 10 - Exclusion of Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, or at least in a timely manner before the conclusion of the agreement:

Products custom-made for customer
Items that, due to their nature, must be ordered once from the manufacturer

Article 11 - The Price

The prices mentioned in the offer for products or services include VAT.

Article 12 - Performance of Agreement and Additional Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
You acknowledge that Ruud Fredriks Dynojet v.o.f., its management, and employees, assume no liability for any damage arising from products supplied and/or manufactured by RFD. You agree that this limitation of liability is comprehensive and applies to all direct, indirect, special, incidental, far-reaching, and consequential damages suffered without limitations.
The parts and/or kits offered in the webshop that fall under "Racing" are designed and manufactured for competition use and are therefore sold "without warranty". Ruud Fredriks Dynojet v.o.f. accepts no liability regarding the quality, safety, and/or performance of the products.
When using certain parts sold on this site, the motorcycle may no longer comply with the homologation requirements and legislation as legally mandated by the RDW for vehicles participating in public road traffic. It is your own responsibility to assess whether the modifications to the motorcycle are street-legal.
Technical advice, in whatever form, is provided by us to the best of our knowledge; however, no liability is accepted.
An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
Additional warranty is understood to mean any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed to fulfill their part of the agreement.

Article 13 - Delivery and Execution

The entrepreneur shall exercise the utmost care in receiving and executing product orders and in evaluating requests for services.
The place of delivery shall be the address provided by the consumer to the entrepreneur. Ruud Fredriks Dynojet v.o.f. cannot be held liable if a product is not delivered due to an incorrect address.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified thereof no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation for damages.
Following dissolution in accordance with the preceding paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
Ruud Fredriks Dynojet v.o.f. is not liable for risk of damage and/or loss of products until the moment of delivery to the consumer.

Article 14 - Payment

Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged to pay more than 50% in advance under the general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the obligation to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer fails to meet their payment obligation(s) in due time, after being notified by the entrepreneur of the overdue payment and being granted a 14-day period to fulfill their payment obligations, and if payment is still not made within this 14-day period, they shall owe the statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 15 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer must first contact the entrepreneur. If a solution cannot be reached, the consumer has the option to have their complaint handled by, for example, an independent disputes committee, the decision of which is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 16 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 17 - Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Appendix I: Model Withdrawal Form

Model Withdrawal Form

(only complete and return this form if you wish to withdraw from the agreement)

- To: [ name of entrepreneur]

[ geographical address of entrepreneur]

[ fax number of entrepreneur, if available]

[ email address or electronic address of entrepreneur]

- I/We* hereby inform you that I/we* withdraw from our contract concerning

the sale of the following products: [product description]*

hereby revoke/withdraw*

- Ordered on*/Received on* [date of order for services or receipt for products]

- [Name(s) of consumer(s)]

- [Address of consumer(s)]

- [Signature(s) of consumer(s)] (only when this form is submitted on paper)

* Delete as appropriate or fill in as appropriate.

Refund Policy

Information