Allgemeine Geschäftsbedingungen

These General Terms and Conditions apply to all offers from A4H-TECH.COM and to all agreements entered into with A4H-TECH.COM. In addition to these General Terms and Conditions, when expressly indicated, Additional Terms may apply to certain services and/or products. The provisions of these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing and in which case the other provisions of these General Terms and Conditions will remain in full force and effect.

If the Buyer also refers to its general terms and conditions, those terms and conditions do not apply unless expressly agreed in writing by A4H-TECH.COM.

"Buyer" means any visitor to the website or any natural or legal person who is or will be in a contractual relationship of any kind with A4H-TECH.COM.
A4H-TECH.COM reserves the right to change or add to these terms and conditions from time to time.

By using the A4H-TECH.COM website and/or placing an order, the Buyer accepts these Terms and Conditions as well as all other rights and obligations as stated on the website.

A4H-TECH.COM is authorized to use third parties in the execution of an agreement with the Buyer.

Article 1. Definitions

1.1 In these General Terms and Conditions, the following words have the following meaning, unless explicitly stated otherwise or the context requires otherwise:

A4H-TECH.COM B.V.: the User of these General Terms and Conditions: A4H-TECH.COM, registered at Leek, 9351 VK, Stevinstraat 2. Registered with the Chamber of Commerce ‘KVK’ number 01160432, VAT: NL108366789B01;
Customer: the natural person or enterprise that places an order with A4H-TECH.COM;
Product: the product supplied by A4H-TECH.COM;
Website: the website of A4H-TECH.COM, including the webshop (www.a4h-tech.com);
Consumer: the natural person not acting in the performance of his profession or operation of a business.

Article 2. General

2.1 These General Terms and Conditions apply to all agreements between A4H-TECH.COM and the customer.

2.2 Any provisions that deviate from these General Terms and Conditions are valid only if and to the extent as expressly agreed by parties in writing or by e-mail.

2.3 The applicability of any purchase or other conditions of the customer is expressly rejected.

2.4 In case one or more provisions of these General Terms and Conditions are void or declared invalid at any point in time, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by A4H-TECH.COM, taking into account the purport and intention of the original provision(s) to the extent as possible.

2.5 In case A4H-TECH.COM does not always demand strict observance of these General Terms and Conditions, that does not imply that these provisions would not apply or that A4H-TECH.COM would in any way forfeit the right to demand strict observance of the provisions of these Terms and Conditions in other cases.

2.6 For the interpretation of the content and purport of these General Terms and Conditions the Dutch text shall at all times prevail.

Article 3. Offers and price quotations

3.1 All offers and price quotations of A4H-TECH.COM are free of engagement and apply while supplies last.

3.2 Any printing, typographical or programming errors in its catalogues, email messages or website shall not be binding on A4H-TECH.COM.

3.3 The product range offered on the website is subject to change.

Article 4. Illustrations and other information

4.1 Any illustrations, colours, weights, technical specifications and such of offered products shown on the website are approximate only and cannot constitute a reason for compensation and/or recission.

Article 5. Conclusion of Agreement and cancellation

5.1 The agreement is concluded after the customer has followed the order procedure through the website, or after the customer has accepted the offer of A4H-TECH.COM in any other way.

5.2 After the Agreement has been concluded through the website, A4H-TECH.COM shall send the customer a confirmation by e-mail stating that A4H-TECH.COM has received the order. This confirmation e-mail contains the order number and other information of the customer’s order.

5.3 An order cannot be placed through the website until after the customer has checked the confirmation box that he approves of these General Terms and Conditions.

Article 6. Prices

6.1 Prices stated on the website are included of 21% VAT.

6.2 Prices stated are exclusive of costs of transport, import duties, other taxes, levies and charges.

6.3 A4H-TECH.COM has the right to modify its prices and shipping costs from time to time.

6.4 The price or prices quoted in the offer are based on the factors determining cost price as they apply at the time of the offer. In case of changes in the above cost factors between the time of conclusion of the Agreement and the time of delivery, such as changes in purchase, transport and storage prices, costs of packing, wages import duties, exchange rate fluctuations and such, A4H-TECH.COM has the right to adjust its original price.

6.5 In case A4H-TECH.COM increases the price of the product ordered after conclusion of the Agreement the customer, being a consumer, has the right to rescind the Agreement, unless the price increase results from a legal obligation, such as an increase in the VAT rate.

Article 7. Obligations of the customer

7.1 The customer shall ensure that any information specified by A4H-TECH.COM as necessary for the performance of the Agreement, or which the customer should reasonably understand to be necessary for that purpose, is provided to A4H-TECH.COM in a timely manner.

7.2 In case the information provided by the customer is incomplete and/or incorrect, this shall be entirely at the risk and for account of the customer.

7.3 The customer is obliged to immediately inform A4H-TECH.COM of any facts and circumstances that may be relevant with respect to the performance of the Agreement.

7.4 Compliance with any legal and other applicable regulations with respect to the possession, storage, use, transport and sale in whatever way of the product in the country in which the customer is located, shall be the customer's responsibility exclusively.

7.5 Any data and information provided by A4H-TECH.COM with respect to the suitability and application of the product is free of engagement and do not relieve the customer from his obligation to carry out or cause to carry out its own inspections and tests.

7.6 The customer is at all times obliged to keep secret the log-in information he uses for logging in on the website. A4H-TECH.COM cannot be made liable in case any unauthorized third parties should use the customer's log-in information.

7.7 The customer is obliged to inform A4H-TECH.COM of any changes in his (contact) information either by email or through his account.

Article 8. Shipping costs and delivery

8.1 The customer shall be specifically informed of the shipping costs of the products prior to the conclusion of the Agreement.

8.2 The risk of loss of or damage to the product passes to the customer at the time at which the product has been delivered to the customer.

8.3 The product will be delivered at the address specified by the customer.

8.4 The customer is obliged to take delivery of the products delivered.

8.5 The customer is obliged to ensure that the location at which the products must be delivered, is properly accessible.

8.6 The customer himself is liable for any import duties, customs formalities and taxes in connection with the product.

8.7 A4H-TECH.COM has the right to effect part deliveries.

Article 9. Time of delivery

9.1 Times of delivery indicated cannot be considered final deadlines.

9.2 The time of delivery commences at the time at which A4H-TECH.COM has received payment of the order.

9.3 In case of non-observance of the time of delivery due to an event beyond the actual control of A4H-TECH.COM , which cannot be attributed to any acts and/or omissions on the part of A4H-TECH.COM , such as described in e.g. article 17 of these General Terms and Conditions, the time of delivery is automatically extended by the time of the non-observance caused by said event.

9.4 In case A4H-TECH.COM cannot deliver the products ordered within 30 days after the order, A4H-TECH.COM shall contact the customer. In that case a new time of delivery will be agreed with the customer. If the customer, being a consumer, does not wish to agree a new time of delivery, the customer may rescind the Agreement free of charge. In case the customer rescinds the Agreement, A4H-TECH.COM shall reimburse any amounts already paid within 30 days of rescission date.

Article 10. Right of withdrawal

10.1 The customer, being a consumer, who has placed an order through the website, has the right to rescind the Agreement without stating reasons and to return the product provided that it has not been used, is undamaged and in its original packaging, during 14 days after receipt of the product. Exceptions to this right are ‘Big Brake Kits’, ‘OEM Honda parts’ and specially ordered products. These products are tailor-made and/or ordered fort he customer and cannot be returned. The customer will be advised of this right of withdrawal by email prior to delivery or in writing, on delivery of the products ordered.

10.2 In case the customer rescinds the Agreement in accordance with this article, any costs of return shipment in connection with the returning of the product shall be borne by the customer.

10.3 In case of a rescission as referred to in this article, A4H-TECH.COM shall reimburse any amounts already paid within 30 days of receipt of the product returned.

Article 11. Costs of cancellation

11.1 The right of withdrawal as referred to in article 10.1 does not apply to a customer being an enterprise. In case the customer, being an enterprise, cancels an order or refuses a COD-shipment, the customer shall be charged cancellation costs. These cancellation costs are 15% of the invoice amount of the order.

Article 12. Payment

12.1 The methods in which payment for products ordered may take place depend on the country in which the customer is located. The various payment options for each country are stated on the website.

12.2 In case of delivery on account the customer is obliged to pay the invoice within the term of payment specified in the invoice.

12.3 In case the customer does not pay the invoice received from A4H-TECH.COM in a timely manner, the customer is in default immediately, and shall be charged legal interest. Any judicial and extrajudicial costs of collection incurred by A4H-TECH.COM for collection of the claim against the customer shall be borne by the customer. The extrajudicial costs of collection are 15% of the principal amount, with a minimum of € 250,-. The customer, being a consumer, shall be charged extrajudicial costs of collection provided for by law.

12.4 Any payments made by the customer shall first be applied to any interest(s) due, then to costs of collection. Any payments made by the customer shall not be applied to outstanding principal amounts until after payment of the above amounts.

12.5 Payment must take place without suspension or set-off.

Article 13. Retention of title

13.1 Any products supplied or to be supplied shall remain the property of A4H-TECH.COM exclusively until any and all present and future claims of A4H-TECH.COM against the customer, including in any case the claims referred to in section 3:92 subsection 2 of the Netherlands Civil Code ("BW"), have been paid in full.

13.2 As long as the title in the products has not passed to the customer, the customer is prohibited from:
a.   pledging the products;
b.   granting any rights with respect to products to any third parties;
c.   reselling the products outside the scope of the customer's normal business operations.

13.3 The customer is not allowed to alienate the products as part of its normal business operations at the time at which the customer has applied for suspension of payment or has been declared bankrupt.

13.4 The customer undertakes to cooperate – upon request of A4H-TECH.COM – to the creation of a right of pledge on the claims which the customer has obtained or may obtain towards its customers on account of resale.

13.5 The customer is obliged to store with due care the products supplied subject to reservation of title, and to identify them as the property of A4H-TECH.COM . The customer shall at all times do anything that may be reasonably expected from the customer to secure the ownership rights of A4H-TECH.COM.

13.6 In case the customer does not or not fully observe its obligations toward A4H-TECH.COM , and in case of rescission of the Agreement for whatever reason, A4H-TECH.COM shall have the right to take back any products subject to reservation of title without prior notice of default or intervention of the court being required, without prejudice to the right of A4H-TECH.COM to full damages.

13.7 In case A4H-TECH.COM wishes to exercise its right described in this article the customer is obliged to allow A4H-TECH.COM or any third party engaged by A4H-TECH.COM to access any locations where the products of A4H-TECH.COM are located.

13.8 In case of attachment, suspension of payment or bankruptcy, the customer shall immediately notify the bailiff that carries out the attachment, the administrator or trustee in bankruptcy of the (ownership) rights of A4H-TECH.COM .

13.9 The provisions in this article shall not affect any other rights of A4H-TECH.COM.

Article 14. Complaints

14.1 The customer is obliged to inspect the products supplied and their packaging immediately upon delivery. In particular, the customer is obliged to check:
a.   whether the correct products have been supplied;
b.   whether the correct quantity has been supplied;
c.   whether the packaging of the products is not damaged.

14.2 In case the delivery is not correct or the packaging has been damaged, the customer is obliged to report this to A4H-TECH.COM immediately, and in any case within 3 days of delivery. Complaints about delivery submitted after 3 days of delivery shall not be looked into.

14.3 The customer may direct any questions or complaints about delivery to:
A4H-TECH.COM
Stevinstraat 2
9351VK Leek
Tel: 0594-857193
E-mail: info@a4h-tech.com

14.4 Complaints are settled by A4H-TECH.COM within 30 days. In the unhoped-for event that settlement of a complaint within said time of 30 days is not possible, the customer shall be advised of the duration of the delay.

Article 15. Warranty and Return

15.1 New products supplied are covered by a manufacturer warranty of at least three months (for example a clutch kit) up to one year and even a lifetime warranty (for example, Mishimoto products). The warranty is granted by the manufacturer of the products. A4H-TECH.COM is the contact partner for warranty matters between manufacturer and the customer. If the customer wants more information regarding the guarantee of a certain product, this must be requested in advance from A4H-TECH.COM.

15.2 The warranty ensures that, in case the product is defective during the warranty period, the product is either repaired, a new part is supplied, a replacing product is supplied or (part of) the purchase price is reimbursed to the customer, this at the discretion of the manufacturer. The warranty expressly excludes any compensation of any labour costs paid by the customer due to a (possible) defect in a product. Not covered by warranty is damage to the vehicle.

15.3 The warranty shall be void and complaints about products supplied shall not be looked into in case:
a.   The customer has failed to report any defects to A4H-TECH.COM in writing or by email immediately after discovery of the defect;
b.   the product has not been assembled according to the instructions;
c.   The customer and/or any third parties have performed work and/or modifications and/or repairs to the product;
d.   damage and/or the defect have been caused by a traffic accident;
e.   defects are caused by inexpert use or a failure on the part of the customer or the customer's staff. Inexpert use shall in any case include: use contrary to the instructions provided and use of the products contrary to safety regulations, traffic rules or other regulations provided by the government;
f.   the product was not used in accordance with its agreed purpose and, failing that, its customary purpose;
g.   defects are the result of normal wear and tear;
h.   defects are caused by any government regulations concerning the nature or quality of materials used;
i.   damage is caused by third parties (destruction);
j.   defects are caused by external circumstances such as: fire, natural catastrophes, explosion, water, weather and road conditions;
k.   of minor deviations that are customary in the industry and/or are technically unavoidable;
l.   defects are caused by use that is not in accordance with the technical specifications permitted.

15.4 Repairs or replacement of products does not extend the warranty term.

15.5 The customer may only invoke the warranty in case the customer returns the product to A4H-TECH.COM in its original packaging, with sufficient postage, and includes photos and/or illustrations that sufficiently show the defect and/or non-performance of the product to A4H-TECH.COM . The completed RMA form must be enclosed with the product returned. This form can be found on the website.

15.6 Before returning a product, the customer is obliged to notify A4H-TECH.COM of this.

15.7 In case it appears that the customer has returned a product without a justified warranty claim, the product shall be returned to the customer without any modifications, and the customer shall be charged an inspection fee in the amount of € 25,00.

15.8 No guarantee can be given on some items. This is clearly stated in the description. It is up to the customer to be aware of this.

15.9 Specially ordered products, or for example exterior parts that have been modified or painted in color, cannot be returned.

Article 16. Liability

16.1 A4H-TECH.COM cannot be made liable for any damage directly or indirectly caused by:
a. an event beyond the actual control of A4H-TECH.COM , which therefore cannot be attributed to its acts and/or omissions, such as described in article 17 of these General Terms and Conditions;
b. any acts or omissions on the part of the customer, its subordinates or other persons engaged to perform work by or on behalf of the customer.

16.2 A4H-TECH.COM is not liable for any damage caused by the permanent or temporary unavailability of the possibility to order, unavailability or removal of its website due to maintenance or otherwise.

16.3 The colours shown on the customer's screen may vary from the actual colours of the product. A4H-TECH.COM is not liable for such colour variations.

16.4 A4H-TECH.COM is not liable for any damage, of whatever kind caused by the fact that A4H-TECH.COM has acted upon incorrect and/or incomplete information provided by the customer, such as an incorrect address for delivery.

16.5 In case the customer or any third party modifies the product supplied by A4H-TECH.COM , A4H-TECH.COM rejects any liability for the operation and any (consequential) damage.

16.6 A4H-TECH.COM is not liable for any damage to or accidents involving the product as a result of e.g. incorrect or inexpert use.

16.7 A4H-TECH.COM is not liable for any damage caused due to the fact that the customer has not complied with all safety regulations.

16.8 A4H-TECH.COM is not liable for damage that is caused to the customer because the customer has not correctly stored, kept, transported, assembled or used the products, as a result of which damage is caused to the products or other goods.

16.9 In case A4H-TECH.COM considers itself compelled to take measures or cooperate with any recall actions initiated by the manufacturer to prevent any (further) damage as a result of claims of consumers due to a defect in the products supplied, the customer undertakes to cooperate in such measures.

16.10 A4H-TECH.COM is never liable for consequential damage. Consequential damage is in any case considered to include: loss of turnover, loss of profit, loss of savings, technical damage to the vehicle, injury, costs of alternative transport, towing costs, travel expenses, damage caused to delay and interruption of business operations.

16.11 In case A4H-TECH.COM should be liable for any damage, the liability of A4H-TECH.COM is limited to the amount of the payment made by the insurer of A4H-TECH.COM . In case the insurer does not pay in any given case or the damage is not covered by the insurance, the liability of A4H-TECH.COM is limited to the invoice amount, i.e. that part of the Agreement to which the liability applies.

16.12 The customer indemnifies and holds A4H-TECH.COM harmless from and against any claims of third parties brought against A4H-TECH.COM on account of incidents, acts or omissions for which A4H-TECH.COM is not liable due to the above provisions. The customer is obliged to compensate A4H-TECH.COM upon request for any costs, damage and interest caused to A4H-TECH.COM as a direct or indirect consequence of a claim brought against it by a third party as referred in this paragraph.

16.13 Any claims and other powers of the customer for whatever reason against A4H-TECH.COM shall in any case expire after the end of one year from that point in time at which a circumstance occurs on account of which the customer may exercise these rights and/or powers against A4H-TECH.COM , on the understanding however, that a term of limitation of 2 years applies to the customers being consumers.

16.14 In case the customer does not, not in a timely manner or not duly comply with its contractual obligations or its obligations resulting from the law, or commits any torts against A4H-TECH.COM , the customer shall compensate any and all damage caused to A4H-TECH.COM as a result of that.

16.15 A4H-TECH.COM wants to state very clearly that it is not an official Honda dealer, but purely a point of sale of Honda related products, without using any copyright images of Honda itself.

Article 17. Force Majeure

17.1 A4H-TECH.COM is not obliged to observe any obligations in case it is prevented to do so due to Force Majeure. Circumstances that are actually beyond the control of A4H-TECH.COM , or which cannot be attributed to acts and/or omissions on the part of A4H-TECH.COM shall in any case include: obstructions caused by third parties including those of government entities, sickness, obstructions in transport, weather influences, general or other strikes, revolt, war or threat of war both in this country and countries of origin of products, loss of or damage caused to products during their transport, delayed delivery or non-delivery to A4H-TECH.COM by its suppliers, export and import restrictions, fire, malfunctions and accidents in the company of A4H-TECH.COM or its suppliers, fire in means of transport of A4H-TECH.COM or transporters engaged by A4H-TECH.COM , levies charged or other measures taken by any government entities resulting in a change in actual circumstances.

17.2 Force Majeure shall also be understood to include a failure on the part of suppliers of A4H-TECH.COM , due to which A4H-TECH.COM cannot, not fully or not in time meet its obligations.

17.3 In case of Force Majeure A4H-TECH.COM cannot be obliged to compensate any damage that is a direct or indirect consequence of that, and A4H-TECH.COM will also be temporarily relieved from its obligation to deliver. It will depend on the circumstances of the case whether that will be and remain the case for part of or the entire delivery, or that this will merely result in suspension of delivery. In case of an opportunity to deliver subsequently and/or in a different way, both A4H-TECH.COM and the customer are obliged to use that opportunity.

Article 18. Suspension and recission

18.1 A4H-TECH.COM has the right to immediately suspend performance of the Agreement if – after conclusion of the Agreement - A4H-TECH.COM becomes aware that there are circumstances that justify the fear that the customer may not fulfil its obligations.

18.2 A4H-TECH.COM has the right to rescind the Agreement in case the customer has failed to fulfil any of its obligations or part thereof under the Agreement, and the customer has not complied with a notice of default sent to the customer.

18.3 A4H-TECH.COM further has the right to rescind the Agreement in case of circumstances that are such that performance of the Agreement is impossible or cannot reasonably be expected any longer, or in case of other circumstances which are such that it cannot reasonably be expected that the Agreement be maintained without modification.

18.4 A4H-TECH.COM has the right to rescind the Agreement in case the customer applies for or is granted suspension of payment, in case the customer is declared bankrupt or a petition for the customer's bankruptcy is filed, in case the customer is not able to pay its debts, terminates or liquidates its company, is placed under legal restraint or in case an administrator or receiver is appointed.

18.5 In case A4H-TECH.COM suspends or rescinds the Agreement it is in no way obliged to compensate any resulting damage and costs, however caused.

Article 19. Confidentiality

19.1 Both parties are obliged to keep secret any confidential information which they have obtained from each other or other sources as part of their Agreement. Information is considered confidential if declared confidential by the other party or if this results from the nature of the information. The party receiving confidential information shall use this information only for the purpose for which it has been provided.

Article 20. Intellectual property rights

20.1 The customer shall fully and unconditionally honour any intellectual property rights in the products supplied by A4H-TECH.COM .

20.2 Without the prior approval given in writing or by electronic means by A4H-TECH.COM, the customer may not copy, forward, distribute, reproduce or publish any information, texts, logos, brands, trade names and illustrations he has obtained from the Website.

Article 21. Security and the internet

21.1 A4H-TECH.COM shall take appropriate security measures to protect the website against the risk of unauthorized access to or modification, destruction or loss of the data entered through the Website by the customer.

Article 22. Applicable law and competent court

22.1 Any Agreements between A4H-TECH.COM and the customer are governed by Dutch law exclusively. The applicability of the Vienna Sales Convention is excluded.

22.2 Any disputes with respect to Agreements between the customer and A4H-TECH.COM shall be submitted to the jurisdiction of the competent court of law in the Netherlands, in the district in which A4H-TECH.COM has its registered place of business. The customer being a consumer, has the opportunity to opt for settlement by the court having jurisdiction in accordance with the law, within one month after A4H-TECH.COM has invoked this article against the customer in writing.

Article 23. Quality marks

23.1 A4H-TECH.COM sells online car parts to replace original parts as well as tuning and styling parts. Part of the assortment has a quality mark, for example TUV. This is therefore stated in the description of the relevant product.

23.2 Part of the range includes automatic quality approval from the brand itself (for example: Original Honda parts that have been approved because it is an original part).

23.3 There is no quality mark on a part of the assortment. These components are officially intended for ‘Off Road Use Only’ (for motorsport, circuit, etc). This does not mean that these products are high-risk on public roads, but this is a provision that must be stated when selling such products.

Article 24. Used products

24.1 All used products that are offered on the website (including engines) should function after correct installation. If it is unforeseen that a product does not function properly, an appropriate solution can be devised in consultation with A4H-TECH.COM.

24.2 With used engines, a so-called ‘starting guarantee’ is given. This means that the engines have a guarantee, the first 200 km that the engine has been put into use. In this specific time, it is already possible to experience whether there are problems with regard to excessive oil consumption or other malfunctioning parts. This applies up to 30 days after the purchase date of a used product, (because the motor standing still for a long time, without having used it).

24.3 As soon as tuning parts are placed in or on a supplied engine, the warranty also expires, since it cannot the be traced that an engine in its original state would not cause any problems.

24.4 A4H-TECH.COM can not be held for responsible for the incorrect functioning of wear-sensitive parts in used products.

24.5 If products are used for racing/track, the full warranty will be voided.

Article 25. Requirements reviews

25.1 A4H-TECH.COM forwards e-mails with invitations via reviewservice Kiyoh. Customers are referred to the Kiyoh.com review page. A4H-TECH.COM always handles positive and negative reviews. Each review will be treated and published the same way, as long as the terms of use and privacy policy are met. The average (Kiyoh) score, expressed in stars, of a review consists of the total number of reviews received. Reviews are never immediately visible.

25.2 Product Reviews. A4H-TECH.COM aspires for as many customers as possible to give their opinion about a product. Because of this anyone who has bought a product can write a review about it on the concerned product page. This review can be written via the Dutch, English and German versions of the website.

25.3 How does A4H-TECH.COM check the authenticity of reviews?

A4H-TECH.COM act against all fake reviews and verifies customers and the reviewers. A Review can be rejected if it does not meet the following conditions:

If a review is written by someone who did not purchase the item(s) from A4H-TECH.COM;
The review contains offensive language, such as swear words or discrimination;
If the review contains links or personal information;
Opinions or statements unrelated to the purchased item, or experience of the purchase;
If the information provided by the customer is incomplete and/or incorrect.