B2C Terms & Conditions – TGR-WRT

A) GENERAL TERMS AND CONDITIONS

These are general terms and conditions (“GTC”) under which a purchase or service provision agreement has been entered into between TGR-WRT and the contracting natural person (the “Customer”) for the Products and/or Services provided by TGR-WRT, as set out herein. These GTC are only applicable for Customers that are consumers.

These GTC apply also to any orders placed by the Customer via https://portal.tgr-wrt.com/ and related pages (“Website”). Detailed contact information and other information about TGR-WRT are set forth on the Website. The Customer must be at least 18 years old to order via the Website.

These GTC consist of the following parts: A) General Terms and Conditions, B) General Terms and Conditions for Sale of Products and C) General Terms and Conditions for Provision of Services.

1. Definitions

In these general terms and conditions, the following terms will have the following meanings:

Agreement has the meaning set out in Section 3;

Applicable Law means laws, statutes, decrees, regulations, international treaties, EU regulations and directives, decisions or instructions by competent courts or authorities in all relevant jurisdictions and mandatory standards (as amended from time to time) applicable to the matter in question;

Cash Contract has the meaning set out in Section 4.1.

Effective Date means the date when the Agreement has been signed by or otherwise entered into between the Parties;

Force Majeure means any cause preventing either Party from performing its obligations, due to (ii) outside of the reasonable control of that Party, and (iii) cannot be overcome by any reasonable means. Such circumstances can include, for instance, war, riot, terrorist attack, requisition by authorities or seizure for public needs, trade sanctions, mobilization, fire, natural catastrophe.

Parties means the Customer and TGR-WRT jointly;

Party means the Customer or TGR-WRT individually;

Products means the goods and products specified in the Agreement. The Products can include for example vehicles (meant to be used for competitions and/or in normal traffic, including any used and second-hand vehicles), vehicle spare parts, components, accessories, consumables, materials, products, goods, machinery, and any other goods and products that are supplied, or used or made available by TGR-WRT under the Agreement;

Services means a service organized by TGR-WRT under the Agreement; and

TGR-WRT means TOYOTA GAZOO Racing World Rally Team Oy and all its group companies.

2. The Customer’s contact and credit information

TGR-WRT is entitled to check the Customer’s necessary personal data and contact information according to the Finnish law and when necessary for the provision of Products or Services under this Agreement.
When establishing a credit relationship, TGR-WRT may obtain the necessary credit information as referred to in the Credit Information Act (527/2007). The Customer must immediately notify TGR-WRT of any changes in his/her contact information. TGR-WRT has the right and obligation to identify the Customer according to the Act on Preventing Money Laundering and Terrorist Financing (444/2017).
The Customer’s identification information and other personal data can be used to prevent, reveal and investigate money laundering and the financing of terrorism, as well as for the purpose of investigating the financing and the assets or proceeds of crime obtained by the crime mentioned above. A politically exposed person (PEP) is a person referred to in Chapter 1, Section 4 of the above-mentioned Act, who works or has worked in a significant public position in the past year, or a family member or business partner of such a person.
Additional conditions for Website: TGR-WRT reserves the right to deny or change the Customer’s order placed. TGR-WRT may deny or change the Customer’s order, for instance if the Customer has provided incorrect personal data.

3. Entry into force

The agreement between the Parties shall be deemed to have been entered into when the Parties have duly signed or otherwise concluded an agreement on sale and/vision of Products and/or Services purchased by the Customer, these GTC and any other appendices agreed in writing by the Parties (“Agreement”).
Website: The Customer is required to accept these GTC and acknowledge that the Customer has read TGR-WRT’s Privacy Notice in order to place an order via the Website. The Agreement shall be deemed to have been entered into when TGR-WRT has confirmed the Customer’s order and the Customer has received an order confirmation from TGR-WRT via e-mail. The Customer can cancel his/her order until TGR-WRT has confirmed it. If the order is cancelled in a timely manner, TGR-WRT will refund any payments regarding the order.

4. Price and payment terms

Unless it has been otherwise agreed, the Customer shall pay the purchase price or any other amount payable indicated in the Agreement in full at the time of concluding the Agreement and the Products and/or Services are supplied and paid for at the same time (“Cash Contract”). Regarding orders made from the Website, the valid price is the one displayed in the Website’s price list at the time of the order.
Only if payment by invoice has been agreed upon, the Customer shall pay TGR-WRT the purchase price and any other amount payable indicated in the Agreement in full within the payment period stated on TGR-WRT’s invoice and in full to the bank account indicated by TGR-WRT on the respective invoice(s).
All prices include value added tax. All prices are expressed in euros.
Interest on delayed payments accrues in accordance with Finnish Interest Act. In the event of payment delay, the Customer shall be liable to pay interest and debt collection charges according to the Finnish law.

5. Data protection and login details

To be able to provide TGR-WRT’s Products and/or Services to the Consumer, TGR-WRT has to collect and otherwise process certain personal data of the Consumer. The Customer undertakes to provide TGR-WRT with accurate and complete information. The Privacy Notice includes information on processing your personal data.
Website: The Customer undertakes to keep the Customer’s login details secure and in such a way that unauthorized persons may not access the information. The Customer is not entitled to allow others to use the Customer’s log-in details. The Customer shall inform TGR-WRT immediately if the Customer suspects that any unauthorized person has obtained access to the Customer’s login details. In case of failure to submit such notification, the Customer is responsible for all purchases made with the Customer’s login details. TGR-WRT is entitled to block the Customer’s access to the Customer’s user account if TGR-WRT suspects that the Customer violates this section or these GTC.

6. Warranty, complaints and returns

If the Customer considers that TGR-WRT has not fulfilled its obligations under these GTC or Agreement, the Customer shall notify TGR-WRT within reasonable time after the Customer noticed or should have noticed the circumstance.
TGR-WRT’s contact details are as follows:

TOYOTA GAZOO Racing World Rally Team Oy (Business ID: 3323317-7)

Toyota Gazoo Racing World Rally Team Oy
Salvesenintie 6
Jyskä 40420
Finland.

rally2@tgr-wrt.com

Website: The Customer has the right to cancel and return the Products ordered within 14 days, for any reason. The Customer 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 14-day cooling off period does not apply to goods made to order or clearly personalized. 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 order, please include your name and contact information and your account number for the refund. Accordingly, TGR-WRT will return the money paid for the order without delay in accordance with the Finnish Consumer Protection Act. TGR-WRT’s return address: [please insert your return address.]

7. Force Majeure

Neither of the Parties shall be liable to the other Party for any delay or non-performance of its obligations hereunder in an Force Majeure event and to the extent that such delay or non-performance is due to an event of Force Majeure.
In order to invoke a Force Majeure, a Party shall without undue delay inform the commencement (and in due course the cessation of the Force Majeure) in writing to the other Party and submit to the other Party reasonable proof of the nature of such event of Force Majeure and its effect upon the time of performance of the said Party’s obligations under this Agreement. Performing a Party’s obligations and the consequences thereof can be affected by the Force Majeure by maximum the duration of the Force Majeure event.
Each Party shall take commercially reasonable measures to reduce to a minimum and mitigate the effect of any delay caused by a Force Majeure and to resume performance of its obligations.
If a Force Majeure sustains for more than 90 days, or it is obvious that the Products and/or Services cannot be delivered within the agreed time, either Party shall have the right to terminate the Agreement without any penalty and any payments made shall be returned forthwith.

8. Governing law and dispute resolution

The Agreement and these GTC shall be governed by the laws of Finland. These GTC do not limit the rights of the Customer arising from mandatory legislation.
Any dispute, controversy, or claim shall be primarily resolved through negotiations between the Parties. In the event no amicable settlement can be reached by means of negotiations, the Customer can refer the matter to the Consumer Disputes Board. The Consumer Disputes Board makes recommendations for solutions and can leave the case unaddressed if the Customer has not first been in contact with the Consumer Advisory Services.
If any dispute, controversy, or claim are resolved in court, the claim shall be considered by the district court within the judicial district of the Customer’s domicile or habitual residence. If the Customer’s domicile or habitual residence is elsewhere than in Finland, disputes shall be resolved in the Helsinki District Court. In a non-consumer matter, TGR-WRT can also file a lawsuit in the Helsinki District Court.

9. Miscellaneous

Order of precedence. In the event of any discrepancy between the contractual documents, the order of priority shall be as follows: (1) privacy notice; (2) the written main agreement; (3) other appendices to the main agreement; and (4) these GTC. In the event of any discrepancy between various parts of these GTC, and the general terms and conditions set out under B) and/or C) apply, then their order of priority shall be as follows: (1) the general terms and conditions set out under B) and/or C), and (2) the general terms and conditions set out under part A).
Amendments. All changes to the Agreement including these GTC must be made in writing. Only TGR-WRT’s duly authorised representative has the right to accept changes made to the content of the Agreement (including these GTC) in a manner binding on TGR-WRT. If the Parties agree any changes to these GTC, their effectiveness will be limited to the specific Agreement.
Assignment. Neither Party may assign or transfer the Agreement or any of its rights or obligations to any third party without the prior written consent of the other Party.
Severability. If a term of the Agreement is held invalid, this shall not affect the validity of the remainders of the Agreement. The Parties undertake to fill any corresponding gaps according to their purpose and presumed will.

B) GENERAL TERMS AND CONDITIONS FOR SALE OF PRODUCTS

10. Price

The price of the Products is stated in the Agreement. In the case of orders made from the Website, the price is stated in the order confirmation.
The total price of a new, unregistered vehicle in Finland consists of the purchase price and car tax. The purchase price of a used vehicle includes car tax. The Customer must pay the car tax of the new vehicle in connection with the payment of the purchase price as a separate individual payment. Car tax does not include value added tax. The Customer is responsible for all taxes and fees related to the vehicle and its use after the vehicle has been handed over to the Customer.
Determination of car tax. If the car tax of the new vehicle being sold changes after the order is placed before the vehicle is registered, the amount of car tax charged to the Customer will change by the amount corresponding to the tax change. TGR-WRT informs the Customer of the exact amount of the car tax before handing over the vehicle.
Effect of the change in the Car Tax Act. If a change is made to the Car Tax Act (1482/94) after placing the order, before the vehicle’s contractual handover time, affecting the car tax of the vehicle, the amount of car tax collected from the Customer will change by the amount corresponding to the tax change. TGR-WRT immediately informs the Customer about the change in the Car Tax Act and its effect on the amount of car tax of the ordered new vehicle. If the total price of the new vehicle increases by at least four (4) percent due to the reasons specified in this section, the Customer may cancel the Agreement by notifying TGR-WRT within one (1) week after receiving TGR-WRT’s notification regarding the increase in car tax. The purchase price of a new vehicle increases or decreases from the purchase price specified in the Agreement, if a Finnish or foreign authority makes a decision regarding taxes, duties and other tax-related payments affecting the purchase price of the ordered vehicle after the order but before the agreed handover time, or if there are changes in exchange rates, and the importer of the total price of the vehicle changes the total price of the vehicle for these reasons to correspond to the object of the sale recommended retail price of the vehicle. The amount of the price change is the difference in euro between the importer's new and old guide price including accessories included in the sale. TGR-WRT will then change in proportion to the change in the total price of the new vehicle. TGR-WRT immediately informs the Customer of the change in the recommended retail price made by the importer and its effect on the purchase price of the new vehicle.
If the total price of the new vehicle increases by at least four (4) percent due to the reasons specified in Sections 10.3 and 10.4, the Customer may cancel the Agreement by notifying TGR-WRT within one (1) week after learning of TGR-WRT’s notice of increase. The Customer’s cancellation right does not apply to any Products and Services made to order or clearly personalized, if any.
Otherwise, Section 4 (Price and payment terms) of part A) apply.

11. Payment

The Customer shall pay the price of the Product in cash when handing over the Product or ordering it from Website, unless otherwise agreed in writing. TGR-WRT is not obliged to hand over the Product to the Customer until the price agreed to be paid in cash has been paid. TGR-WRT has the right to collect part of the price prior to handing over the Product, if an advance payment has been agreed by the Parties.

12. Delivery of the Product

TGR-WRT shall provide the Product available to be collected at the premises of the TGR-WRT at the time concluding the Agreement, or at the date agreed at the time of concluding the Agreement, as agreed in writing. When a later delivery date has been agreed upon TGR-WRT has the right to adjust the delivery date, when necessary, to the extent that the delivery by TGR-WRT depends on the performance of third parties such as government bodies or carriers.
The Customer is liable for arranging the delivery of the Products to any other address, unless it has been otherwise agreed before concluding the Agreement. The price and terms for the possible delivery service shall be separately indicated when making the purchase of the Product.
If the Parties have not agreed in writing on the delivery time of the Products in the Agreement, the Product shall be available for the Customer or for the delivery to the Customer at the Effective Date; or in case that the Product is a new vehicle, within three (3) months from the Effective Date.
TGR-WRT is entitled to store the Products for the account and risk of the Customer if the Customer does not accept the Products without an acceptable reason or fails to collect the Product at the agreed time.
Website: information on delivery times and options can be found on the Website.

TGR-WRT shall at all times be entitled to use sub-contractors and/or other third-party service providers in arranging any delivery of the Products to other address than the premises of TGR-WRT.

13. Delay

In the Cash Contract the Products are supplied and paid for at the same time. The Consumer shall not be liable to make any advance payment in Cash Contract.
The Products shall be delivered at the agreed time.
In case of a delay in the delivery of Products, the Customer is entitled to refrain from paying the purchase price. However, the Customer may not withhold an amount that apparently exceeds the claims to which such consumer is entitled based on the delay.
In case of a delay in the delivery of Products, the Customer may demand that TGR-WRT fulfill the Agreement. However, TGR-WRT is not obligated to fulfill the Agreement if there is an obstacle that TGR-WRT cannot overcome, or if fulfilling the Agreement would require sacrifices that are unreasonable compared to the importance of fulfilling the Agreement for the Customer. However, the Customer loses the right to demand the fulfillment of the Agreement if he/she delays for an unreasonably long time in presenting the demand.
In case of a delay in the delivery of Products, the Customer is entitled to terminate the Agreement as set out in Section 19.2.
In case of a delay in the delivery of Products, the Customer can also claim damages he/she suffers due to TGR-WRT’s delay, unless TGR-WRT proves such delay is caused by a Force Majeure event. TGR-WRT is only obliged to compensate for indirect damage caused to the Customer to the extent that the delay or damage is due to negligence of TGR-WRT.
The Customer may not terminate the Agreement per Section 13.5 or claim damages per Section 13.6, unless the Customer notifies TGR-WRT within a reasonable time.
TGR-WRT shall not be liable for any delay caused by another company offering the service of delivery of the Product, unless the delivery service has been purchased together with the Product.

14. Change of title

Ownership rights shall be transferred to the Customer once the Customer has paid for the Products in full to TGR-WRT, including any damage, costs and interest which TGR-WRT can claim from the Customer in relation to the Agreement. If the ownership of the Products has not been passed on to the Customer, the Customer is not entitled to grant any rights to the Products to a third party.

15. Vehicle registration

The Customer is responsible for registering the vehicle in an appropriate manner. Any registering shall take place at the Customer’s own expense. The vehicle will be handed over to the Customer inspected and registered, if this is agreed in the Agreement.
If the Customer purchases a vehicle to be used in competitions, the Customer shall be solely responsible for finding out any requirements set for competing. The Customer shall also be solely responsible for fulfilling such requirements and shall fulfil them at the Customer’s own expense.

16. Insurance

The Customer is responsible for obtaining any mandatory and voluntary insurances, including the motor third party liability insurance for the vehicle at the Customer’s own expense.

17. Product warranty

Any new vehicle will be delivered according to the marketing material and other information presented by TGR-WRT at the time of the order and Agreement, unless otherwise agreed in writing. The fuel consumption of a new vehicle is declared in accordance with the EU standard (1999/100/EY). In practical driving situations the consumption depends, among other things, on the vehicle’s equipment, driving style and driving conditions, and probably differs from the EU consumption.
A used vehicle is provided “AS IS”, i.e., in the condition and equipment it is at the time of delivery.
Unless otherwise agreed in the Agreement, TGR-WRT does not guarantee that the Product is suitable for any specific purpose regardless of whether the Customer has informed the intended use of the Product or not. A vehicle shall only comply with the requirements of roadworthiness if it is meant for use on the road.
TGR-WRT provides the Customer with written maintenance and operating instructions when handing over the vehicle to the extent that the vehicle is new. In the sale of a used vehicle, TGR-WRT must provide the Customer with adequate usage instructions.
The Products will be deemed defective if they deteriorate during the period in accordance with the conditions stated in the warranty certificate and in the advertising regarding the warranty prior to or at the time of the Agreement. However, no liability for defects arises if the TGR-WRT considers it likely that the deterioration is due to an accident, improper handling of the Products or other circumstances on the Customer’s side.

18. Liability for damages, limitation of liability

TGR-WRT supplies the Products to the Customer for private use. The Customer understands that the Product may not be used for commercial or business or resale purposes. In case that TGR-WRT fails to perform the Agreement, TGR-WRT will be given the chance to remedy its failure. In such case, TGR-WRT is obliged to either repair or replace the Product or credit the value of the Product or part thereof, at the discretion of TGR-WRT. However, TGR-WRT is not obliged at its own expense to repair the defect in the Product in such a way that the Product becomes in better condition or more valuable than it was just before the defect appeared.
TGR-WRT’s liability regarding any failures in the performance of the Agreement is limited to the obligation to remedy as set out in Section 18.1.
TGR-WRT shall have no liability for any damage resulting from misapplication of the Products. TGR-WRT is not liable for defects caused by improper storage, misuse, neglect, accidents, improper use, or other external causes not caused by TGR-WRT. TGR-WRT’s liability does not apply to damages caused by external causes.
TGR-WRT shall not be liable for loss of profit, damage to other property than the Products itself, or any other indirect or consequential damages, unless the damage is caused by the negligence of TGR-WRT.
TGR-WRT’s maximum liability for damages towards the Customer shall not exceed in aggregate the total value of the Products supplied under the Agreement, excluding value added tax.
The limitation of liability shall not apply to damages caused by wilful misconduct or gross negligence.

19. Termination

TGR-WRT may terminate the Agreement with immediate written notice to the Customer if the Customer commits a material breach of the Agreement, and the breach has not been remedied within reasonable time which shall not in any case exceed thirty (30) days of the written notice thereof or the Customer has not paid the overdue payment within 14 days after the Customer has been notified of this in writing. Notwithstanding the foregoing, TGR-WRT may terminate the Agreement with immediate written notice to the Customer if the Customer does not pick up or receive the Products at the right time and it is clear from the Agreement or the circumstances that it is of particular importance to TGR-WRT that the Products are picked up.
The Customer may terminate the Agreement due to TGR-WRT’s delay if the Customer has given a reasonable additional time for TGR-WRT and TGR-WRT has not delivered the goods within such additional time. However, during the additional time period, the Customer may terminate the Agreement if TGR-WRT has refused to deliver the goods with this time period. However, the Customer may terminate the Agreement due to the TGR-WRT’s delay without setting an additional time, if: (1) TGR-WRT has refused to deliver the goods; (2) delivery within the agreed delivery time is essential, taking into account the circumstances related to the conclusion of the Agreement; or (3) the Customer has informed TGR-WRT before concluding the Agreement that delivery within a certain period of time or at a certain time is essential. After the termination of the Agreement, TGR-WRT will immediately return to the Customer any fee paid under the Agreement.
In case of any defect of the Products, the Customer may demand a price reduction or cancellation of the transaction if: (1) correction of a defect by TGR-WRT is impossible or it would cause unreasonable costs; (2) TGR-WRT has not corrected the defect or the correction has not been carried out in the manner required in chapter 5, section 18a, subsection 3 of the Consumer Protection Act (1978/38); (3) TGR-WRT has announced or based on the circumstances it is obvious that TGR-WRT will not correct the defect within a reasonable time or without causing significant harm to the Customer; (4) a defect appears in the Products despite the fact that TGR-WRT has tried to bring the Products into compliance with the requirements of chapter 5 of the Consumer Protection Act. Notwithstanding the foregoing, the Customer may demand a price reduction or termination of the Agreement immediately if the defect is of such a serious nature that it cannot be corrected. However, the right to terminate the Agreement provided for in this section does not exist if the defect is minor. TGR-WRT has the burden of proof that the defect is minor.

C) GENERAL TERMS AND CONDITIONS FOR PROVISION OF SERVICES

20. Term of Service

If Services, as defined herein or as referred to in the Agreement, are provided by TGR-WRT, the following terms and conditions shall apply.

21. Service fee

The Service fee shall be payable by the Customer before taking part in the organized factory tour. The amount of Service fee payable from time to time shall be indicated to Customer at the premises and at the Website in written form.

22. Obligations of TGR-WRT

TGR-WRT shall perform the Services in accordance with the description of the Services.
TGR-WRT will comply with all mandatory legislation, in particular safety legislation, and the performance of the Services will be of professional quality, and the Services will be performed with reasonable skill and care consistent with generally accepted industry standards.
Unless expressly stated otherwise in the Agreement, all times, periods, and time schedules pertaining to the performance of Services are an estimate and shall not be binding on TGR-WRT.

23. Obligations of the Customer

The Customer shall obey the instructions given by TGR-WRT before and for the duration of the Services.
If the Customer fails to meet one or more of its obligations in full or in part included herein or under the Agreement and fails to remedy such breach within reasonable time at sole direction of TGR-WRT, such failure will be deemed to constitute a material breach to the Agreement for which TGR-WRT is entitled to immediately terminate the Agreement and cancel the Services, and TGR-WRT reserves its right to remove from its premises such Customer whose presence and/or behaviour at the premises could reasonably be construed as dangerous to him/herself or any other person, and any future visit of such Customer may be rejected by TGR-WRT.

24. Amendment, Cancellation and Termination

Due to compelling reasons for its business, TGR-WRT may propose changes to the Services and the schedule of the Services by submitting a change proposal to the Customer. This includes a right to cancel the Services. In the event of amendment or cancellation the Customer has a right to a full refund of the possible payment for the provision of Services. The refund shall be made within fourteen (14) days of the cancellation. TGR-WRT shall not be liable for any damage or loss under such circumstances.
If the Customer needs to cancel the booking for factory visit, he/she shall notify TGR-WRT at his/her earliest convenience. Cancellation made within 48 hours will be non-refundable.
The Customer may terminate the Agreement due to TGR-WRT’s delay, if the breach of the Agreement is material. The Customer may terminate the Agreement immediately, if there are compelling reasons to assume that the provision of the Services will be significantly delayed.
The Customer may terminate the Agreement if TGR-WRT is given a reasonable additional time to perform the Services and if TGR-WRT fails to provide the Services to the Customer within such additional time. During the aforementioned additional time, the Customer may not terminate the Agreement, unless TGR-WRT declares that it will not fulfil the Agreement within such period.
In case a defect in the performance of the Services occurs and if there are compelling reasons to assume that there will be a fundamental defect in the performance of the Services, the Customer may terminate the Agreement to the extent that the Services has yet to be performed.

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