These terms of delivery (hereinafter “Terms”) shall apply to a delivery of spare parts used in motorsports (hereinafter “Product”) purchase of which either a Consumer or another customer than a Consumer (hereinafter “Customer”) has made at webshop (hereinafter “Website”) thereby entering into an agreement with TOYOTA GAZOO Racing World Rally Team Oy (business ID: 3323317-7) (hereinafter “TGR-WRT”, “us” or “we”).
Under these Terms, “Consumer” means any natural person who in accordance with the applicable local laws of an EU member state is considered as a consumer.
Consumer and Customer hereinafter collectively both also referred to as “Buyer”.
Payment service provider and payment terms
The payment service is provided by Stripe, Inc. While TGR-WRT may appear as the recipient of the payment on the bank statement or card bill, the banking details and addresses belong to Stripe. Stripe is a certified PCI Service Provider Level 1. Stripe uses the following banking details:
Address
1 North Wall Quay
Dublin, Dublin D01 T8Y1, IE IRELAND
Address of account holder
C/O A & L Goodbody, IFSC North Wall Quay Dublin, Dublin 1 D01H104, IE
IRELAND
The payer of any payment related to or due under these Terms must be the Buyer or another reliable party not subject to the Sanctions defined in these Terms. TGR-WRT is entitled to refuse acceptance of payment from the Buyer if there are reasonable suspicions that the payer of the payment is subject to Sanctions and to request additional information from the Buyer regarding the payer. If it cannot be reasonably verified that the payer is not subject to Sanctions, TGR-WRT has the right to cancel the Buyer’s order, in which case the payment will be returned to the Buyer.
Delivery method
TGR-WRT uses selected couriers to deliver shipments, depending on shipment size and shipping schedule. We expect 100 % advance payment for the Product price before delivering the Products. Additionally, any applicable delivery charges must also be paid in advance if they are payable at the time of the purchase. Any delay on bank transfer may delay the shipment of the Products. Products will be dispatched with the agreed delivery method after the confirmation of transfer of funds.
Delivery charges
Delivery costs according to the selected couriers price per volume weight. If Website cannot automatically estimate the delivery charges, additional costs regarding the delivery may incur after placing the order. In these cases, our aftersales department will contact you regarding the delivery and additional delivery costs will be charged afterwards by invoice, payment term 14 days net.
If Products are left in backorder and the delivery has been automatically estimated, the delivery will be done in two different shipments: the immediately available Products delivered in the first shipment and the backorder Products delivered in the second shipment. If the Buyer wants some backorder Products faster than others, additional costs regarding the delivery may incur.
Sales area
Products sold on the Website are delivered all over the world, with the provision that TGR-WRT reserves the right to withhold delivery of Products to countries or individuals subject to Sanctions defined in these Terms, as enforced from time to time. For purchases outside of Finland, the Buyer is responsible for reporting and paying any duties and taxes.
Delivery time
We aim to deliver orders to the selected courier the next working day after the confirmation of transfer of funds. Out of stock Products can be purchased but are placed directly in backorder. Unfortunately, we cannot automatically estimate the delivery time of purchases placed in backorder.
Return of defective products and shipments damaged in transit
TGR-WRT provides a warranty for manufacturing defects detected in the Products after the delivery of the Products. The warranty does not cover defects incurred due to the use of the Products in motorsports competitions.
The Buyer must check the Product as soon as they receive it. If any Product is incorrect or faulty, please contact us immediately after discovering the defect through https://support.tgr-wrt.com/hc/en-gb/requests/new by selecting Report an issue from the selection list. If the Product is broken due to a manufacturing defect, either a new Product or a refund will be provided to the Buyer. In case of a refund, the Buyer must first return the broken Product to TGR-WRT. We will not reimburse any consequential damages or other expenses incurred because of incorrect or faulty Product.
Consumer rights regarding defects and cancellation
TGR-WRT is liable for defects in the Products to the Consumer under the provisions of the Consumer Protection Act (38/1978) regarding liability for defects.
The Consumer has the right to cancel and return the Products ordered within 14 days (hereinafter “Cooling Off Period”) from receipt of delivery, for any reason. The Consumer can cancel any purchase by notifying TGR-WRT accordingly within the Cooling Off Period. The Cooling Off Period expires 14 days after the day the Customer received the Products. The Cooling Off Period does not apply to Products made or modified in accordance with the Consumer’s requirements or to clearly personalized Products. The Product to be returned and any original Product packaging must be in the same condition as when it was received. When returning the delivered Product, please include your name and contact information and your account number for the refund. Accordingly, TGR-WRT will return the money paid for the cancelled order without delay within 14 days of receiving the cancellation notice from the Consumer. TGR-WRT’s return address:
Toyota Gazoo Racing World Rally Team Oy
Salvesenintie 6
Jyskä 40420
Finland.
TGR-WRT’s contact information and customer service
For all matters relating to orders or Products, you can contact us via our customer service request forms at: https://support.tgr-wrt.com/hc/en-gb/requests/new
Sanctions
The Buyer warrants that it is not an individual or entity subject to any applicable export controls, trade embargoes or sanctions, including but not limited to those imposed by the United Nations, the EU, the UK and the US (“Sanctions”), and that they are not acting on behalf of, or directly or indirectly engaging with any individual, entity, territory or government subject to any applicable Sanctions. The Buyer agrees not to re-export US or EU origin Products or parts of the Products in violation of the applicable Sanctions.
In case a payment related to the Product is made by a third party, the Buyer is responsible for ensuring that the third party is not subject to the Sanctions and that the third party complies with the provisions set out in this chapter.
In case the Customer breaches the obligations set out in this chapter, the Customer is liable to compensate TGR-WRT for any damages incurred, without limitation of liability.
Governing law and dispute resolution
These Terms are governed by the laws of Finland, without regard to principles of international conflict of laws.
Any disputes between a Consumer and TGR-WRT arising out of or in connection with these Terms, which cannot be amicably settled, shall be settled by the competent court in the Consumer’s place of residence or the District Court of Helsinki. The Consumer also can refer the matter to the Consumer Disputes Board (https://www.kuluttajariita.fi/fi/). Consumers also have access to an online dispute resolution platform run by the European Commission.
Any disputes between a Customer and TGR-WRT arising out of or in connection with these Terms, which cannot be amicably settled, shall be settled by arbitration in accordance with the Arbitration Rules of the Central Chamber of Commerce. The arbitration tribunal shall consist of a sole arbitrator. The place of arbitration shall be Helsinki. The language of the arbitration shall be English.