Terms of service
General Terms and Conditions of Hagon Shocks Benelux, part of Wheeler Dealer Import BV
To avoid misunderstandings, we kindly ask you to take the time to read these terms and conditions carefully. These conditions govern the agreement between us. They form the basis of how you use our website, the purchase of our products, what we supply, what we charge, and what we expect from you.
By submitting an inquiry and/or placing an order with Hagon Shocks Benelux, you agree to these terms and conditions and our privacy policy. These conditions apply to every purchase you make from Hagon Shocks Benelux on this website.
1. Definitions
1.1 In these General Terms and Conditions ("the Conditions"), the following words and phrases shall have the following meanings unless the context otherwise requires:
"Customer Material" means all information provided by the customer to Hagon Shocks Benelux, including but not limited to your data, measurements, delivery details, requirements, or information provided in the inquiry or order;
"Inquiry" means any request made to Hagon Shocks Benelux;
"Force Majeure" includes any delay or failure in the performance of our obligations as set out in these Conditions, if such delay or failure results from circumstances beyond our reasonable control, including (but not limited to) acts of God, communication failures, death, destruction, fire, flood, strikes, riots, accidents, power outages, civil unrest, terrorist attacks, or acts of war;
"Order Confirmation" means a confirmation from Hagon Shocks Benelux to you acknowledging receipt of your payment and acceptance of your order;
"Price" means the price quoted to you by Hagon Shocks Benelux following an order confirmation and/or inquiry;
"Product" means the products offered for sale on the website;
"Hagon Shocks Benelux", "we", or "us" means Hagon Shocks Benelux, part of Wheeler Dealer Import BV (Chamber of Commerce No. 97782041), established in Barneveld, the Netherlands;
"Website" means the website for the sale of products at www.hagonshocks.nl
;
"Written" includes e-mail, fax, or other comparable means of communication;
"you", "your", or "customer" means the individual, firm, or company placing an order for products with Hagon Shocks Benelux.
2. Product Details
2.1 The products displayed on this website are not shown to actual size, and the images are not binding in terms of detail. Some products may appear slightly larger or smaller than their actual size due to screen errors and photographic techniques. Other products may be shown larger than actual size to display details clearly, or smaller to show the entire item. Your attention is drawn to the product descriptions and contents where provided.
If the product you receive materially differs from the specified product details, you have the right to reject it without penalty.
2.2 All products are subject to availability. In the unlikely event that the specifications or quality of the ordered goods change, we will contact you and offer either a replacement product or a full refund.
3. Price of Products
3.1 Subject to clauses 3.4 and 3.5, the price of the products shall be as stated on our website at the time you place your order.
3.2 The prices listed on the website include VAT for the products but exclude shipping costs and insurance during transport. These costs depend on the value of the purchased items and are therefore shown in addition to the listed prices.
3.3 All products must be paid for in full before they are shipped.
3.4 The price of the products listed on our website may vary due to factors beyond the control of Hagon Shocks Benelux or if there is a delay between the time of ordering and the time you receive your order confirmation. In such cases, you have the right to cancel your order if the price increase is not acceptable to you.
3.5 Without prejudice to clause 3.4 or 6.1.1, we will contact you to resolve the situation if we discover an error in the price of any product offered.
3.6 Prices on the website may be displayed in different currencies but are invoiced in Euros.
4. Inquiries
4.1 By submitting an inquiry, you are not obligated to purchase a product; however, you agree to be bound by these Conditions and our Privacy Policy.
5. Order Acceptance and Payment
5.1 Before your order can be accepted, we must have received the full purchase price as stated (without any deductions) either in cash or as confirmation of payment authorization (when using a credit card).
5.2 Upon receipt of your order, we will send you an acknowledgment of receipt. Once we have received payment in accordance with clause 5.1, we confirm acceptance of your order by sending you an order confirmation to the e-mail address you provided. Once we send you this order confirmation, a legally binding agreement exists between us.
5.3 You must pay for the products you order using the methods currently listed on the website, including but not limited to:
5.3.1 A bank transfer to the account of Hagon Shocks Benelux; or
5.4 If payment for an order has not been received, or you are not fully authorized to use the credit card, debit card, or payment method provided, or if the card has insufficient funds to cover the price of the products, the following applies:
5.4.1 Hagon Shocks Benelux may contact you to request full payment within a specified period using the same or another method; or
5.4.2 Hagon Shocks Benelux may, at its sole discretion, cancel your order. In such cases, Hagon Shocks Benelux will refund all amounts received from you within 30 days of receipt and reserves the right to charge administrative costs to cover expenses incurred;
5.4.3 You agree that Hagon Shocks Benelux shall in no case be liable for any loss, damage, cost, expense, or other claim you may incur.
5.6 You agree to fully indemnify Hagon Shocks Benelux for all costs and expenses incurred to collect payments from you in the event of failed payment.
6. Our Right to Cancel
6.1 We reserve the right to cancel your order if:
6.1.1 After receiving your order and before sending you an order confirmation, we become aware of a pricing error regarding the product you ordered, in which case we reserve the right to withdraw the product from sale and notify you; or
6.1.2 There is an event of Force Majeure.
6.2 If we cancel your order, we will notify you via e-mail and offer you a replacement product as soon as possible, and in any case within 30 days of your order, or refund all amounts paid.
6.3 We are not liable for any loss, damage, cost, expense, or claims you may make for orders canceled by us before we have sent your order confirmation.
6.4 Clause 6 does not affect your statutory rights as a consumer, nor your right to cancel a contract.
7. Delivery
7.1 We reserve the right to charge for and make partial deliveries when the order confirmation consists of multiple items.
7.2 Delivery will be made to the address specified in the order confirmation.
7.3 We will take all reasonable steps to deliver your order on or before the date specified in the order confirmation. We cannot be held liable for delays caused by circumstances beyond the reasonable control of Hagon Shocks Benelux (such as Force Majeure). Time shall only be of the essence if you have agreed this in advance when placing your order and have received an order confirmation with a guaranteed delivery date.
7.4 You become the owner of the products you have ordered once they have been delivered to you. Upon delivery, you store them at your own risk, and we are not liable for loss or destruction thereof.
8. Right of Withdrawal
8.1 Except for products that are custom-made or made to order, you have the right to cancel your order by notifying us in writing according to the procedure in clause 10. You are not required to provide a reason for canceling your order and you do not have to pay any penalty. Products that are custom-made or made to order cannot be canceled or returned. This policy is in accordance with consumer protection regulations.
9. Warranties and Refunds
9.1 Subject to the following provisions of clause 9.1, we warrant that the products shall be of satisfactory quality. This warranty is provided by Hagon Shocks Benelux under the following conditions, without prejudice to your statutory rights:
9.1.1 Hagon Shocks Benelux is not liable to the customer for any loss, damage, costs, expenses, or other claims related to:
(a) any defect resulting from intentional damage, negligence, or failure to follow the product instructions (oral or written);
(b) misuse or modification of the products without our consent;
(c) arising from customer-provided materials that are incomplete, incorrect, illegible, out of order, or in the wrong format, or any other customer error;
(d) defects or damages to components resulting from or occurring after (incorrect) assembly.
9.1.2 You may contact us:
(a) by post, to the address listed on the website;
(b) via the contact form on our website;
(c) by telephone, via the number listed on our website, between 09:00 and 17:00.
9.2 The products should meet or exceed your expectations. However, if you are not satisfied with your order, the delivered products are incomplete, or you have received incorrect products, we are not liable unless you notify Hagon Shocks Benelux as soon as reasonably possible about the issue with the relevant products. For efficiency, we advise contacting our customer service.
9.3 If you notify us of a problem under clause 9.2, or if we have breached the warranty under clause 9.1, our sole obligation (at your choice and always subject to your statutory rights) is:
9.3.1 We may provide you with a replacement product free of charge within 60 days of notification, provided the original product is returned to us in accordance with clause 10; or
9.3.2 We arrange for the products to be returned to us in accordance with clause 10 and refund the purchase price.
10. Return Procedure
10.1 If you exercise the right of withdrawal under clause 8.1 or the right to return products under clause 9.3, we advise following this procedure to ensure an efficient return:
10.1.1 Contact our customer service to obtain a return authorization number before returning the product(s);
10.1.2 Pack the product(s) and all original packaging, including the return form, in a plain cardboard box (available at the post office if you do not have one);
10.1.3 Clearly write your name and address on the outside of the package in the return section and send the package to:
Hagon Shocks Benelux,
Wilhelminastraat 100, Barneveld;
10.1.4 For your own safety, we advise insuring the package for the full invoice value plus postage/shipping costs. For clarity, Hagon Shocks Benelux is not liable for loss or damage during transport.
Return Conditions
10.1.5 Returns are simple but subject to the following rules:
(a) If you clearly mark your name and address on the package and return it to us, you are responsible for the costs incurred for returning the products, and we are not obliged to accept returned products if these costs have not been fully paid;
(b) Each item must be returned in the same condition as when shipped, unused and undamaged. Goods damaged due to your negligence will not be accepted for a refund.
10.2 Subject to clause 10.1, Hagon Shocks Benelux will refund the full cost of the item. Refunds are made using the same method as the original purchase.
10.3 All requests will be processed after we have inspected and verified the condition of the products. Processing of returns takes approximately five business days after receipt of the item.
11. Use of the Website
11.1 You agree to use the website solely for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit others from using and enjoying the website. Prohibited conduct includes harassment, causing harm or inconvenience to any person, sending obscene or offensive content, or disrupting the normal dialogue within the website.
11.2 When Hagon Shocks Benelux provides information regarding products supplied by a third party, Hagon Shocks Benelux gives no warranty or guarantee regarding its accuracy and is not liable for any losses arising therefrom.
11.3 Hagon Shocks Benelux does not guarantee that the functions of the website or its content will be uninterrupted or error-free, that defects will be corrected, or that Hagon Shocks Benelux or the server providing it is free from viruses or bugs. We are not liable for any direct, indirect, special, or consequential damages arising from the use of or inability to use this website, including (but not limited to) reliance on information or content from the website or errors, omissions, interruptions, deletions of files or emails, defects, viruses, or delays in operation or transmission.
11.4 Information on the website may contain technical inaccuracies or typographical errors and may be changed or updated without prior notice. Hagon Shocks Benelux may also make improvements and/or changes to the website at any time without notice.
11.5 All information received from you will be treated in accordance with our privacy policy.
11.6 Certain links on this website may refer to other websites operated by third parties over which we have no control. We give no warranties regarding the accuracy or any other aspect of information on other websites.
12. Liability
12.1 When Hagon Shocks Benelux provides information regarding products supplied by a third party, Hagon Shocks Benelux gives no warranty or guarantee regarding its accuracy and is not liable for any losses arising therefrom.
12.2 If we are unable to deliver the ordered products within a specified period or fail to deliver them, we will use reasonable efforts to contact you to reschedule the delivery.
12.3 We shall not act in breach of the agreement due to Force Majeure.
12.4 In no event shall the liability of Hagon Shocks Benelux for any breach, or the total liability for any series of breaches under or in connection with these Conditions, exceed the value of the relevant order you have placed from time to time.
12.5 Hagon Shocks Benelux is not liable for loss of profit or for any indirect, special, or consequential damages, costs, expenses, or other claims for compensation of any kind arising from or in connection with the delivery or non-delivery of the products (including delays in delivery) or their use or resale by you. Subject to clause 9.2, the total liability of Hagon Shocks Benelux arising from an order of products is limited to the total price of the products you ordered.
12.6 You must comply with all applicable laws and regulations, including all necessary customs, import, or other permits to purchase products from our website. The import or export of our products may be prohibited under certain national laws. We make no representations and accept no liability regarding the import or export of products you purchase.
13. Notices, Questions, and Complaints
13.1 Notices, questions, or complaints must be:
13.1.1 sent by e-mail to Info@hagonshocks.nl
;
13.1.2 addressed to customer service; or
13.1.3 sent by post to:
Hagon Shocks Benelux,
Wilhelminastraat 100, Barneveld, The Netherlands.
14. Intellectual Property
14.1 The entire content of the website, including all copyrights, trademarks, and other intellectual property rights contained therein, including the use of the name "Hagon Shocks Benelux," is the exclusive property of Hagon Shocks Benelux or our licensors. You may copy, transmit, and use such material solely for placing orders via the website, but you may not copy, reproduce, transmit, publicly display, create derivative works from, or otherwise commercially exploit such material.
14.2 All intellectual property rights in the products (subject to the rights of third parties) belong to Hagon Shocks Benelux.
14.3 You warrant that all customer materials provided to us are not defamatory and do not infringe the copyright or other rights of third parties, and you indemnify Hagon Shocks Benelux against any loss, damage, costs, expenses, or other claims arising from such infringement.
15. Privacy Policy
15.1 You acknowledge and agree to be bound by the terms of our privacy policy.
16. General
16.1 These Conditions apply to the agreement, to the exclusion of all other terms recorded in other communications or documents, unless expressly agreed in writing with Hagon Shocks Benelux.
16.2 Hagon Shocks Benelux reserves the right to amend the content of these Conditions from time to time. Any changes will be published on the website. Such changes shall not affect the agreement between Hagon Shocks Benelux and you. Continued use of the website or any of its services constitutes your acceptance of such changes.
16.3 We may correct any typographical, administrative, or other errors or omissions in information on the website or in emails, other documents, or communications from Hagon Shocks Benelux without assuming any liability.
16.4 If any provision or part of a provision in these Conditions is declared unlawful, invalid, or unenforceable by a competent court, that provision or part shall be severed, and the remaining provisions shall remain in full force and effect.
16.5 These Conditions, together with our website prices, delivery information, contact details, and privacy policy, constitute the entire agreement regarding the supply of products by us. Nothing said by a seller on our behalf shall be construed as a modification of these Conditions or as an authorized statement regarding the nature or quality of the products offered for sale. Except in cases of fraud or fraudulent misrepresentation, or any legal obligation, we are not liable for inaccurate or misleading statements.
16.6 The agreement between you and Hagon Shocks Benelux is governed by Dutch law, and both you and Hagon Shocks Benelux submit to the exclusive jurisdiction of the Dutch courts.
16.7 Hagon Shocks Benelux reserves the right to transfer, assign, novate, or outsource all or part of its rights or obligations under these Conditions.
17. Warranty
17.1 2-Year Suspension Warranty
During this period, we will handle all justified warranty claims at our discretion, either by repair or replacement.
Exclusions from the warranty include damage resulting from incorrect use, normal wear and tear, mechanical or chemical influences, Force Majeure, as well as interventions or repairs by you or third parties.
In the case of a warranty claim, you must send it along with your proof of purchase to the following address:
Wheeler Dealer Import BV,
Wilhelminastraat 100, Barneveld, The Netherlands.
WE RECOMMEND PRINTING A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE REFERENCE.