Reflex Springs B.V. is registered in the Commercial Register of the Chamber of Commerce under number 88498115 and has its registered office in Beek en Donk.

Table of contents:

Article 1 - Applicability, definitions
Article 2 - Offers
Article 3 - Delivery
Article 4 - Complaints and returns
Article 5 - Guarantees
Article 6 - Liability
Article 7 - Payment between companies
Article 8 - Retention of title
Article 9 - Right of retention
Article 10 - Bankruptcy, disposition, etc.
Article 11 - Force majeure
Article 12 - Prohibition of use
Article 13 - Processing of Personal Data
Article 14 - Final provisions

Article 1: Applicability, definitions

These terms and conditions are applicable to every offer and every agreement of purchase and sale as well as all agreements of assignment, including all agreements for the development and/or production of goods as well as all agreements for the performance of work by Reflex Springs B.V., based in Beek en Donk.

This website is owned and managed by or on behalf of Reflex Springs B.V. Registered in the Netherlands in the Trade Register of the Chamber of Commerce under number 88498115 and having its registered office in Beek en Donk.

The client will hereinafter be referred to as "the buyer".

In these general terms and conditions, "in writing" means by letter, e-mail, fax or any other means of communication that can be equated with this in view of the state of the art and generally accepted standards.

In the event of a discrepancy or conflict between these general terms and conditions and a translated version thereof, the Dutch text shall prevail.

Article 2: Offers

All offers are without obligation. Reflex Springs B.V. is entitled to withdraw its offer up to two days after the acceptance has reached him. If the offer is based on information supplied by the buyer and this information turns out to be incorrect or incomplete, or changes afterwards, Reflex Springs B.V. is entitled to adjust the prices and/or delivery terms stated. If the buyer does not respond within 5 working days in writing, the adjusted prices and/or delivery dates will be regarded as approved by the buyer.
The offer and prices do not automatically apply to repeat or partial orders.
Models, examples of documents as well as details of properties, capacities, dimensions, weights and other descriptions in brochures, promotional material and/or on the website of Reflex Springs B.V. are as accurate as possible, but are only indicative. The buyer cannot derive any rights from this. Reflex Springs B.V. is obliged to take all reasonable measures to prevent and limit the loss or unlawful processing of Personal Data.

Article 3: Delivery

A stated delivery time is indicative. Non-compliance with the stipulated deadline or any other delay in the delivery of the goods cannot be invoked either to claim damages or to demand the termination of the contract.

The goods are deemed to have been accepted on leaving our warehouses. Acceptance of the goods extinguishes any complaint on the part of the buyer. Defects which justify a refusal of the goods by the buyer can only oblige Reflex Springs B.V. to replace the goods recognized as faulty, to the exclusion of any compensation. The replaced goods remain the property of Reflex Springs B.V.. No goods will be taken back without prior written agreement.

Reflex Springs B.V. reserves the right to charge 25% of the cost if returned goods are not in their original packaging. In any other case, Reflex Springs B.V. may charge 10% costs.

Reflex Springs B.V. is entitled to deliver in parts, whereby each partial delivery can be invoiced separately.

Dispatch or transport of the goods takes place at the expense and risk of the buyer and in a manner to be determined by Reflex Springs B.V. Reflex Springs B.V. is not liable for damage of any kind - whether or not to the goods themselves - related to the shipment or transport.

If Reflex Springs B.V. delivers the goods to the buyer itself, the risk for the goods passes at the moment they arrive at the buyer's location and are actually at the buyer's disposal.

If it turns out not to be possible to deliver the goods to the buyer or if the goods are not collected and/or it turns out not to be possible to carry out the activities agreed for the assignment, due to a cause within the sphere of the buyer, Reflex Springs B.V. reserves the right to store these goods and/or the materials, parts etc. purchased for the assignment at the expense and risk of the buyer. The buyer must enable Reflex Springs B.V. to deliver these goods within a period to be determined by Reflex Springs B.V. after notification of the storage or collect the goods within this period.

Article 4: Complaints and returns

The buyer must check the delivered goods immediately upon receipt and before their first use and note any visible defects, faults, damage and/or discrepancies in quantities on the waybill or accompanying receipt. In the absence of a waybill or accompanying receipt, the buyer must report any deficiencies, defects, etc. to Reflex Springs B.V. within 2 working days of receipt of the goods, followed by a written confirmation thereof. In the absence of such notification, the goods are deemed to have been received in good condition and to comply with the agreement.

Other complaints about the delivered goods must be reported in writing to Reflex Springs B.V. immediately after discovery - but at the latest within the agreed guarantee period as included in the order confirmation. If no explicit guarantee period has been agreed, a maximum period of 6 months after delivery applies. Reflex Springs B.V. reserves the right to limit the guarantee period - depending on the nature and application of the product - or not to provide any guarantee at all.

If a complaint has not been reported to Reflex Springs B.V. within the periods mentioned in the previous paragraphs, no appeal to an agreed guarantee is possible. All consequences of failure to report immediately are furthermore at the risk of the buyer.
Complaints do not suspend the payment obligation of the buyer.

The buyer must allow Reflex Springs B.V. to investigate the complaint and provide all relevant information to Reflex Springs B.V. for this purpose. If return shipment is necessary to investigate the complaint, this will take place at the expense of the buyer, unless the complaint subsequently proves to be well-founded. The transport risk is always for the buyer.

In all cases, return shipments will take place in a manner to be determined by Reflex Springs B.V. and in the original packaging or wrapping.

No complaints are possible regarding goods which, after receipt by the buyer, have changed in nature and/or composition or have been fully or partially processed.

Article 5: Guarantees

Reflex Springs B.V. will ensure that the agreed deliveries are carried out properly and in accordance with the standards applicable in its sector, but will never give a more far-reaching guarantee with respect to these deliveries than was explicitly agreed between parties.
During the guarantee period Reflex Springs B.V. guarantees the usual normal quality and soundness of the delivered goods.
If the purpose for which the buyer wishes to treat, process or use the goods differs from the usual purpose of these goods, Reflex Springs B.V. only guarantees that the goods are suitable for this purpose if it has confirmed this to the buyer in writing.

In case the delivered goods are used for sports purposes (e.g. specific races) this may influence the guarantee period given by Reflex Springs B.V. and the content of the given guarantee. At all times Reflex Springs B.V. only gives guarantees on the basis of the information it has received from the buyer during or within the framework of an order with respect to the intended use of the goods or on the basis of that which is included in the order confirmation.

Any guarantee given by Reflex Springs B.V. will be cancelled in the event the buyer processes, edits, uses or allows to be used the delivered goods other than as stated in or with the order or order confirmation.

Without prejudice to the provisions in the other paragraphs of this article, any guarantee lapses in case the buyer fails to carry out or have carried out the usual and necessary maintenance on the delivered goods.
In the event the assignment consists of the processing (repairing, overhauling, etc.) of goods supplied by the buyer, Reflex Springs B.V. guarantees the soundness of the work carried out for a period of 6 months after execution of this work.

The guarantee period mentioned in the previous article will become void if it appears that the products supplied by Reflex Springs B.V. have not always been maintained at service points recognized by Reflex Springs B.V. or have been maintained in accordance with the maintenance instructions supplied.

No claim under the guarantee is possible as long as the buyer has not paid the agreed price or payment for the goods or work.

In the event of a justified appeal to the guarantee, Reflex Springs B.V. will - at its discretion - take care of repair or replacement of the goods, the correct execution of the agreed activities or a refund or discount on the agreed price, free of charge. In the event of additional damage, the provisions of the liability article included in these general terms and conditions shall apply.

Article 6: Liability

Outside of the guarantees explicitly agreed upon or given by Reflex Springs B.V., Reflex Springs B.V. accepts no liability whatsoever.
Without prejudice to the provisions of the previous paragraph, Reflex Springs B.V. is only liable for direct damage. Any liability of Reflex Springs B.V. for damage as a result of defects to Reflex Springs B.V. products to the vehicle or parts thereof, trading loss, loss of profits and/or losses suffered, damage caused by delay and/or personal or bodily injury is expressly excluded.
The buyer must take all measures necessary to prevent or limit the damage. All costs resulting directly and/or indirectly from these measures shall be borne by the buyer.

In particular, the aforementioned measures are understood to mean compliance with the maintenance instructions supplied by Reflex Springs B.V. with the product. If it cannot be demonstrated that the products have been maintained in accordance with the instructions, Reflex Springs B.V. cannot be held liable for any damage resulting from this.
If Reflex Springs B.V. is liable for damage suffered by the buyer, Reflex Springs B.V.'s liability for compensation is always limited to a maximum of the amount paid out by its insurer in the relevant case. If the insurer does not pay out or the damage is not covered by an insurance policy taken out by Reflex Springs B.V., Reflex Springs B.V.'s obligation to pay compensation is limited to a maximum of the invoice amount for the goods delivered or work carried out.
The buyer must call Reflex Springs B.V. to account for such damage at the latest within 6 months after he has become aware or could have become aware of the damage suffered by him.

Reflex Springs B.V. is not liable and the buyer cannot appeal to the applicable guarantee if the damage was caused by the following causes:

through incompetent use or use contrary to the purpose of the goods supplied or the instructions, advice, directions for use etc. provided by or on behalf of Reflex Springs B.V;
by inexpert preservation (storage) or maintenance of the goods;
by errors or incompleteness in the information supplied to Reflex Springs B.V. by or on behalf of the buyer;
through normal wear and tear, erosion or corrosion;
due to ageing and/or deterioration of the goods by external influences other than influences the goods should normally be able to withstand;
by directions or instructions given by or on behalf of the buyer as a result of the choice which the buyer has made with regard to the goods to be delivered;
because repairs or other work or processing have been carried out on the goods supplied by or on behalf of the buyer without the express prior consent of Reflex Springs B.V.

The buyer is in the cases listed in the previous paragraph fully liable for all damage resulting from this and explicitly indemnifies Reflex Springs B.V. against all claims by third parties for compensation for such damage.

The limitations of liability included in this article do not apply if the damage can be attributed to intent and/or conscious recklessness on the part of Reflex Springs B.V. or the management personnel at board level or if mandatory legal provisions dictate otherwise. Only in these cases will Reflex Springs B.V. indemnify the buyer against any claims from third parties towards the buyer.

Article 7: Payment

Reflex Springs B.V. is always entitled to require (partial) advance payment or any other security for payment from the buyer.
Payment must be made within a due date of 8 days from the invoice date, unless the parties have agreed another payment term in writing. Thereby, the correctness of an invoice is established if the buyer has not objected within this payment period.
If an invoice has not been paid in full or no direct debit has been possible after the expiry of the period referred to in the previous section, the buyer will be liable to Reflex Springs B.V. for default interest in the amount of 2% per month, to be calculated cumulatively over the principal sum. Parts of a month will be counted as full months.
If payment is still not forthcoming after a reminder by Reflex Springs B.V., Reflex Springs B.V. shall also be entitled to charge the buyer for extrajudicial collection costs equal to 15% of the invoice amount with a minimum of € 150,00.
Should the buyer fail to pay in full, Reflex Springs B.V. shall be entitled to dissolve the agreement without further notice of default by means of a written statement or to suspend its obligations under the agreement until the buyer has paid in full or has provided proper security for this purpose. Reflex Springs B.V. shall also be entitled to suspend the aforementioned agreement if, even before the buyer is in default of payment, Reflex Springs B.V. has sound reasons to doubt the buyer's creditworthiness.

Payments made by the buyer shall first be deducted by Reflex Springs B.V. from all interest and costs due and subsequently from the due and payable invoices which have been outstanding the longest, unless the buyer states in writing upon payment that it relates to a later invoice.
The buyer may not offset claims from Reflex Springs B.V. against any counterclaims he may have against Reflex Springs B.V. This also applies if the buyer applies for (provisional) suspension of payment or is declared bankrupt.

Article 8: Retention of title

Reflex Springs B.V. retains ownership of all goods delivered and to be delivered pursuant to the agreement until such time as the buyer has fulfilled all his payment obligations to Reflex Springs B.V.
The payment obligations referred to in the previous paragraph consist of the payment of the purchase price of the goods, plus claims for work carried out in connection with the delivery and claims for attributable shortcomings on the part of the buyer in the fulfilment of his obligations, such as claims for payment of compensation for damages, extrajudicial collection costs, interest and possible penalties.
If it concerns the delivery of identical, non-indivisible items, the batch of items belonging to the oldest invoices shall be deemed to have been sold first. Retention of title therefore always applies to all delivered items that are still in the buyer's stock, shop and/or inventory at the time the retention of title is invoked.
Goods subject to retention of title may be resold by the Buyer in the ordinary course of its business, provided it has also stipulated retention of title on the delivered goods with its customers.
As long as the delivered goods are subject to retention of title, the buyer may not pledge the goods in any way or place the goods under the (effective) control of a financier by means of pledging lists.
The buyer must inform Reflex Springs B.V. in writing immediately, but at the latest within 3 working days, if third parties claim to have ownership or other rights to the goods subject to retention of title.
The buyer must store the goods carefully and as identifiable property of Reflex Springs B.V. for as long as they are subject to retention of title.

The buyer must arrange for business or contents insurance such that the goods delivered under retention of title are co-insured at all times and will allow Reflex Springs B.V. inspection of the insurance policy and corresponding premium payment receipts on first request.

If the buyer acts contrary to the provisions of this article or Reflex Springs B.V. appeals to the retention of title, Reflex Springs B.V. and its employees will be irrevocably entitled to enter the buyer's premises and take back the goods delivered under retention of title. This applies without prejudice to the right of Reflex Springs B.V. to compensation for damage, lost profit and interest and the right to dissolve the agreement without further notice of default, by written declaration.

Article 9: Right of retention

Reflex Springs B.V. is entitled to suspend the delivery of ordered goods and documents which it has produced for the buyer in connection with the implementation of the agreement, as well as the return of documents and goods belonging to the buyer which Reflex Springs B.V. has in its possession for assembly, maintenance or repair if and during the period that:
the buyer has not or not fully paid all costs of the work on these items;
the buyer has not or not fully paid all costs of previous work carried out by Reflex Springs B.V. on the goods;
the buyer has not paid or has not paid in full any other due claims arising from the contractual relationship with Reflex Springs B.V.
Reflex Springs B.V. is not liable for any damage - of whatever nature - arising from the right of retention exercised by it.

Article 10: Bankruptcy, disposition, etc.

Reflex Springs B.V. always has the right to dissolve the agreement without further notice of default by means of a written statement to the buyer at the time when the buyer:
is declared bankrupt or an application for its bankruptcy is made;
applies for (temporary) suspension of payment;
is affected by attachment under execution;
is placed under guardianship or administration;
otherwise loses the power of disposition or legal capacity with regard to his assets or parts thereof.
The buyer must always inform the guardian or administrator of the (contents of the) agreement and these general terms and conditions.

Article 11: Force majeure

Reflex Springs B.V. is not obligated to fulfil any obligation towards the buyer if he is hindered to do so as a result of a circumstance which cannot be attributed to any culpability and which cannot be held accountable by virtue of the law, a legal action or generally accepted views.
In these general terms and conditions, force majeure is defined, in addition to its definition in the law and jurisprudence, as all external causes, foreseen or unforeseen, which Reflex Springs B.V. cannot influence, but which prevent Reflex Springs B.V. from fulfilling its obligations. This includes strikes at the company of Reflex Springs B.V. or third parties. Reflex Springs B.V. is also entitled to invoke force majeure if the circumstance preventing (further) fulfilment of the agreement occurs after Reflex Springs B.V. should have fulfilled its commitment.
Reflex Springs B.V. can suspend its obligations under the agreement during the period that the force majeure continues.
If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to compensate the other party for damages.

Insofar as Reflex Springs B.V. has already partially fulfilled its obligations from the agreement at the time of the start of the force majeure, or will be able to fulfil them, and independent value can be attributed to the fulfilled or still to be fulfilled part respectively, the user is entitled to invoice the fulfilled or still to be fulfilled part separately. The buyer shall be obliged to pay this invoice as if it were a separate agreement.

Article 12: Ban on use

All products of Reflex Springs B.V., in whatever form, may only be used for car and motor sports on a closed circuit, unless otherwise agreed in the order confirmation.
The use of the products for war vehicles or vehicles deployed for the benefit of a military or other type of armed conflict, in any way whatsoever, directly and/or indirectly, is expressly prohibited, unless otherwise agreed.
The buyer shall be liable for any damage, in whatever manner, direct and/or indirect, resulting from the prohibited use.

Article 13: Processing of personal data

When processing an assignment, it is important that personal data of third parties are exchanged. For the forwarding of (sensitive) personal data, the client should make this data available to Reflex Springs B.V. in a safe manner. Think of adequate security on equipment as well as adequate secure transmission.
Reflex Springs B.V. is obliged to protect under the AVG (General Data Protection Regulation) from the moment the personal data came into its possession until the personal data can be destroyed.
Upon receipt of the (sensitive) personal data, Reflex Springs B.V. will handle this (sensitive) personal data with care.

Reflex Springs B.V. will only share the data with its employees insofar as the sharing is necessary for a proper handling of the assignment and to promote the quality of the services provided by Reflex Springs B.V..

Reflex Springs B.V. will never share data with third parties without the express written consent of the consumer, unless the nature of the assignment makes this necessary. In the latter case, your permission will be granted.

Personal data will be kept carefully at the office of Reflex Springs B.V. during the handling of the case and will only be moved if the proper handling of the file so requires. If the physical file is located outside Reflex Springs B.V.'s office, Reflex Springs B.V. will exercise due care to prevent loss or unlawful processing of personal data.

Files and personal data will be kept for the statutory retention period by Reflex Springs B.V. both internally and externally. In doing so, Reflex Springs B.V. will handle the storage and processing of files with care. If Reflex Springs B.V. uses third parties for storage, Reflex Springs B.V. will require the third party to provide at least the same level of security.

If, despite Reflex Springs B.V.'s due diligence, a data breach nevertheless occurs at Reflex Springs B.V. or one of its auxiliary persons, Reflex Springs B.V. shall only be liable if the data breach was caused by the failure to have the security of its systems in order. Furthermore, in the event of damage Reflex Springs B.V. is only liable for the direct damage caused by the data leak and not for consequential damage.
Any liability shall firstly be further limited to the amount the client has paid in fees in e past three months and secondly by the amount paid out by Reflex Springs B.V.'s liability insurer in the specific case.

Article 14: Final provisions

The agreement concluded between Reflex Springs B.V. and the buyer is exclusively governed by Dutch law.

The applicability of the Vienna Sales Convention (CISG) is expressly agreed upon.

Any disputes will be submitted to the competent court in the place where Reflex Springs B.V. is established, although Reflex Springs B.V. always retains the right to submit a dispute to the competent court in the place where the buyer is established.

If the buyer is established outside the Netherlands, Reflex Springs B.V. shall be entitled to choose to submit the dispute to the competent court in the country or state where the buyer is established.