General terms and conditions

General terms and conditions www.simracinghub.nl 

E-mail: info [at] simracinghub.co.uk
Website: https://www.simracinghub.nl

Article 1 - Definitions

1. www.simracinghub.nl : www.simracinghub.nl , based in Venlo, KvK number 96151382.
2. Customer: the person with whom www.simracinghub.nl has entered into an agreement.
3. Parties: www.simracinghub.nl and Customer together.
4. Consumer: a Customer who is also an individual acting as a private person.

Article 2 - Applicability 

1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of www.simracinghub.nl .
2. www.simracinghub.nl and the Customer can only deviate from these terms if agreed in writing.
3. www.simracinghub.nl and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

 Article 3 - Prices

1. www.simracinghub.nl applies prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. www.simracinghub.nl may change the prices of its services and products on its website and in other communications at any time. 
3. Increases in the cost prices of products or parts thereof, which www.simracinghub.nl could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases. 
4. The consumer has the right to cancel a contract due to a price increase in paragraph 3, unless the increase is due to a statutory regulation.

4. Obvious errors and discount codes

www.simracinghub.nl is committed to accurate and up-to-date display of prices, promotions and discount codes on the website. Despite such care, it may happen that a price, promotion or discount code is technically incorrect or incorrectly displayed.

In the event of a manifest error, such as an obvious pricing error, technical malfunction or a discount code that inadvertently applies to products for which it is not intended, www.simracinghub.nl reserves the right to reasonably and fairly:

a. correct the order in question;

b. declare the rebate invalid;

c. or cancel the contract without obligation to deliver at the incorrect price.

A manifest error is present in any case when it should have been reasonably clear that the price or discount is incorrect for the product or service in question.

Discount codes are valid only for the products, periods and conditions for which they are explicitly issued. No rights can be derived from incorrect or unintended application of a discount code.

If an order is cancelled in accordance with this article, www.simracinghub.nl will fully refund the amount already paid to the consumer as soon as possible, but no later than 14 days after cancellation.

Article 5 - Samples and models 

1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 6 - Payments and payment term

1. www.simracinghub.nl may require a deposit of up to 50% of the agreed amount when entering into the agreement. 
2. The Customer must have made a subsequent payment within 7 days of delivery.
3. The payment terms used by www.simracinghub.nl are strict payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment deadline, he will automatically be in default and in default, without www.simracinghub.nl having to send the Customer a reminder or give notice of default. 
4. www.simracinghub.nl may make a delivery conditional on immediate payment or require security for the total amount of the services or products.

Article 7 - Right of complaint 

1. Where the Customer is in default, www.simracinghub.nl may invoke the right of claim in respect of the unpaid products delivered to the Customer.
2. www.simracinghub.nl exercises its right of claim by a written or electronic communication to the Customer.
3. As soon as the Customer is informed of the invoked right of complaint, the Customer must immediately return the relevant products to www.simracinghub.nl , unless otherwise agreed in writing. 
4. The Customer shall pay the costs of retrieval or delivery in paragraph 3. 

Article 8 - Right of withdrawal 

1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when: 

• the product has been used
• it is a product that can spoil quickly, such as food or flowers
• it is a product that has been customised or adapted especially for the consumer
• it is a product that cannot be returned for hygiene reasons, such as underwear or swimwear
• the seal is not intact in the case of data carriers with digital content, such as DVDs or CDs
• the product or service is accommodation, travel, restaurant services, transport, catering or leisure activities
• the product is a loose magazine or loose newspaper
• the consumer has waived his right of withdrawal

2. The 14-day cooling-off period in paragraph 1, begins:
   • on the day after the consumer receives the last product or part of 1 order
   • once the consumer has confirmed that he will purchase digital content over the internet
3. Consumers can exercise their cooling-off period by sending an email with that subject to [email protected], possibly using the withdrawal form available on www.simracinghub.nl's website, https://www.simracinghub.nl.
4. The consumer must return the product to www.simracinghub.nl within 14 days of sending the email in paragraph 3. 
5. If the consumer does not return the product within 14 days after having expressed his right of withdrawal, his right of withdrawal lapses. 

Article 9 - Reimbursement of delivery costs 

1. If the consumer has cancelled their purchase on time and returned the full order to www.simracinghub.nl on time, www.simracinghub.nl will refund any shipping costs paid by the consumer within 14 days of receiving the timely fully returned order to the consumer.
2. The cost of delivery shall be borne by www.simracinghub.nl only to the extent that the entire order is returned. 

Article 10 - Reimbursement of return costs 

1. If the consumer invokes his right of withdrawal and returns the entire order in time, the Customer will pay the costs. 

Article 11 - Right of retention 

1. www.simracinghub.nl may exercise its right of retention and, in that case, retain products of the Customer until the Customer has paid all outstanding bills of www.simracinghub.nl, unless the Customer has provided sufficient security for those costs. 
2. The lien also applies under previous agreements under which the Customer has yet to pay money to www.simracinghub.nl .
3. www.simracinghub.nl shall not be liable for any damage suffered by the Customer due to the use of its right of retention.

Article 12 - Retention of title 

1. www.simracinghub.nl shall retain ownership of all products delivered until the Customer has paid all outstanding invoices from www.simracinghub.nl in relation to an underlying agreement, including claims due to default.
2. Until that time in paragraph 1, www.simracinghub.nl may exercise its retention of title and repossess the goods. 
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products. 
4. If www.simracinghub.nl makes use of its retention of title, this will undo the agreement and www.simracinghub.nl may claim damages, lost profit and interest from the Customer.

Article 13 - Delivery

1. Delivery will take place while stocks last.
2. Delivery will take place at www.simracinghub.nl , unless otherwise agreed.
3. Delivery of products ordered online takes place at the address specified by the Customer. 
4. If the Customer does not pay the agreed amounts or does not pay them on time, www.simracinghub.nl may suspend its obligations until the Customer pays.
5. Late payment constitutes creditor default, which means that the Customer cannot hold a late delivery against www.simracinghub.nl.

Article 14 - Delivery time 

1. www.simracinghub.nl's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time starts when the Customer has fully completed the ordering process and received confirmation thereof from www.simracinghub.nl .
3. The Customer will not receive compensation and may not cancel the agreement if www.simracinghub.nl delivers later than agreed. The Customer may, however, undo the contract if agreed in writing or if www.simracinghub.nl cannot deliver within 14 days, having been given written notice to do so or the Customer and www.simracinghub.nl have agreed otherwise. 

Article 15 - Actual delivery

1. The Customer must ensure that the actual delivery of its ordered products can take place on time.

Article 16 - Transport costs 

1. The Customer shall pay the cost of transport, unless the Customer and www.simracinghub.nl have agreed otherwise in writing. 

Article 17 - Packaging and shipment

1. If the packaging of a delivered product is opened or damaged, the Customer must have this noted by the carrier before taking delivery of the product. If the Customer fails to do so, he cannot hold www.simracinghub.nl liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to www.simracinghub.nl prior to transport . If the Customer fails to do so, he cannot hold www.simracinghub.nl liable for any damage.

Article 18 - Retention 

1. If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late purchase of products shall be borne entirely by the Customer.

Article 19 - Warranty

1. The warranty on products applies only to defects caused by faulty manufacture or construction or faulty material. 
2. The guarantee does not apply:
   - in the case of normal weartage
   - for accidental damage
   - for damage resulting from modifications made to the product
   - for damage caused by negligence or inexpert use by the Customer
   - when the cause of the defect cannot be clearly determined
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the moment they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party who takes delivery of the product on behalf of the Customer.

Article 20 - Exchanges 

1. The Customer may exchange a purchased item. The following conditions apply:

• exchanges take place within 7 days of purchase whereby the Customer can show the original invoice
• the product is returned in its original packaging and with the attached original price tag
• the product has not yet been used

2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer cannot be exchanged.

Article 21 - Indemnification

1. The Customer shall indemnify www.simracinghub.nl against all claims by others relating to the products and/or services provided by www.simracinghub.nl. 

Article 22 - Complaints

1. The Customer must examine a product or service provided by www.simracinghub.nl for any defects as soon as possible.
2. If a product delivered or service rendered does not meet what the Customer could reasonably expect, the Customer must inform www.simracinghub.nl within 1 month of discovering the shortcoming. 
3. A consumer must notify www.simracinghub.nl no later than 2 months after discovering the defect.
4. The Customer shall provide as detailed a description of the shortcoming as possible so that www.simracinghub.nl can respond appropriately. 
5. The Customer must prove that the complaint relates to a contract between the Customer and www.simracinghub.nl .
6. If a complaint is about work in progress, the Customer cannot demand that www.simracinghub.nl perform any work other than that agreed.

Article 23 - Notice of default

1. The Customer must give any notice of default in writing to www.simracinghub.nl .
2. The Customer is responsible for ensuring that his notice of default actually reaches www.simracinghub.nl on time. 

Article 24 - Customer liability

1. Where www.simracinghub.nl enters into an agreement with several Clients, each of them is jointly and severally liable for complying with the agreements in that agreement. 

Article 25 - Liability www.simracinghub.nl 

1. www.simracinghub.nl shall only be liable for damage suffered by the Customer if such damage was caused by intent or deliberate recklessness.
2. Where www.simracinghub.nl is liable for damages, this applies only to direct damages related to the performance of an underlying agreement.
3. www.simracinghub.nl is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
4. If www.simracinghub.nl is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy. If no insurance is taken out or no amount of damages is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All illustrations, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension. 

Article 26 - Expiry period

1. Any right of the Customer to compensation from www.simracinghub.nl lapses 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 27 - Dissolution

1. The Customer may rescind the agreement if www.simracinghub.nl imputably fails to fulfil its obligations, unless such failure does not justify rescission because of its special nature or minor importance. 
2. If fulfilment of the obligations by www.simracinghub.nl is still possible, dissolution can only take place after www.simracinghub.nl is in default. 
3. www.simracinghub.nl may undo the agreement with the Customer if the Customer fails to perform his obligations under the agreement in full or in a timely manner, or if www.simracinghub.nl becomes aware of circumstances that give it good reason to believe that the Customer will not perform his obligations. 

Article 28 - Force majeure

1. In addition to Article 6:75 of the Civil Code, a shortcoming of www.simracinghub.nl by the Customer cannot be attributed to www.simracinghub.nl in case of force majeure. 
2. The force majeure situation in paragraph 1 also includes, inter alia:
   - an emergency such as civil war or natural disaster
   - non-performance or force majeure of suppliers, deliverers or others
   - power, electricity, internet, computer or telecoms failures
   - computer viruses
   - strikes
   - government measures
   - transport problems
   - adverse weather conditions
   - work interruptions
3. If a force majeure situation arises which prevents www.simracinghub.nl from fulfilling 1 or more obligations to the Customer, those obligations shall be suspended until www.simracinghub.nl can fulfil them. 
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Customer and www.simracinghub.nl may cancel all or part of the agreement in writing. 
5. www.simracinghub.nl does not have to pay any compensation to the Customer in a force majeure situation, even if www.simracinghub.nl benefits from this. 

Article 29 - Modification of agreement 

1. If it is necessary for its performance to amend a concluded agreement, the Customer and www.simracinghub.nl may amend the agreement. 

Article 30 - Modification of general terms and conditions

1. www.simracinghub.nl may amend these terms and conditions. 
2. Changes of minor importance may always be made by www.simracinghub.nl. 
3. Major changes will be discussed by www.simracinghub.nl with the Customer in advance to the extent possible.
4. A consumer may terminate the underlying contract in the event of a substantial change to the general terms and conditions. 

Article 31 - Transfer of rights

1. The Customer cannot assign any rights under any agreement with www.simracinghub.nl to others without the written consent of www.simracinghub.nl . 
2. This provision counts as a clause with effect under property law as in Article 3:83(2) of the Civil Code. 

Article 32 - Consequences of nullity or voidability

1. Should 1 or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions. 
2. A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what www.simracinghub.nl had in mind when drafting the terms on that point.

Article 33 - Applicable law and competent court

1. These general terms and conditions and any underlying agreement between the Customer and www.simracinghub.nl are governed by Dutch law. 
2. The court in the district of www.simracinghub.nl's place of business shall have exclusive jurisdiction over any disputes between the Customer and www.simracinghub.nl , unless the law provides otherwise.

Retrieved 26 October 2025.