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Terms of order

Tommi Mäkinen Racing Oy Terms of Agreement

TMRParts.fi is a sales channel owned and upheld by Tommi Mäkinen Racing Oy. The seller of the products is Tommi Mäkinen Racing Oy (later TMR).

The following terms will be applied in transactions between Tommi Mäkinen Racing Oy and its customers.

TMR sells parts and supplies only for use in motorsport. Parts and supplies do not have a warranty

1. General Terms of Agreement

1. TMR sells products and services to private persons over the age of consent (later consumer). TMR also sells products and services to persons under 18 with permission from the guardian.

2. Commodities are sold to companies and organizations (later business customer).

3. TMR reserves the right to change these terms of agreement with a unilateral decision without prior notice. Terms of agreement apply as they were at the time when the order was placed. Current terms of agreement will be applied to new orders. The current terms of agreement can be found at the TMR website: http://www.tmrparts.fi/index.php?type=0&id=4&pageid=4

4. As an exception, alterations in the law will come into operation immediately unless the law states otherwise.

5. Complete contact information for TMR can be found at http://www.tommimakinenracing.fi

6. Customer register upheld by TMR is confidential. Information will only be released forward to parties mentioned in this contract.

7. Binding sales contract will come into effect as the order is registered into the system and the customer has confirmed the order which includes freight charges. The confirmation of order will be sent by TMR after receiving the order. TMR’s liability regarding poor availability of the product, restrictions by authorities or import restrictions is always limited to the cancellation of the transaction and the possible refund of the purchase price.

8. The current laws related to consumer trade and distance selling as defined by Finland and the European Union will be applied in consumer trade relations. These terms of agreement are not valid if they restrict the rights of the consumer as they are stated in the consumer protection policy. (Business customers see section 8)

9. In the case of reclamation due to defects in the merchandise or the return of the merchandise, the customer is obligated to present a certificate of purchase or a receipt or otherwise prove that the product in question was purchased from TMR at the time specified by the customer. TMR reserves the right to collect expenses, caused by the search of the receipt, from the buyer.

2. Prices and products

1. Prices in the price list do not include value added tax nor shipping expenses unless stated otherwise.

2. Delivery charges vary according to the method of delivery and they can be seen in the confirmation of order which is sent to the customer after the order is placed.

3. If the price of the product rises before the shipment is handled, the ordered products will be delivered in the original price. If changes are made to the order, the price of the product will be determined according to the price at the time of the change in the order. If there is a drop in prices we will deliver the product automatically with the new lower price.

4. In the case of clear pricing errors in the price list, the product will not be sold at a clearly lower price if it can be assumed that the customer was aware of and understood the error.

5. Products are always sold in their current condition. This refers to trading in used products that are on sale. (Finnish consumer protection policy, Chapter 5 ,14§)

3. Placing an order and the cancellation of order

1. When placing an order the customer is obligated to provide full contact information including at least the consumer’s name, address and phone number or e-mail address. Requirements for business customers are presented in section 8.

2. Delivery time estimates presented in the website are based on the information provided by subcontractors of TMR. TMR reserves the right to change the delivery time estimates without prior notice.

3. TMR is not liable for malfunctions or disruptions in the deliveries caused by third parties.

4. TMR reserves the right to limit the sale of products in exceptionally large quantities.

5. If the object of purchase is a commodity manufactured, ordered or altered according to the buyer’s requests; in the case of a cancellation of the order all possible expenses caused by the order will be charged from the buyer.

6. TMR is not obligated to reserve other products of the same order for the customer if the availability of one product is poor or the delivery is delayed due to reasons beyond TMR’s control. The customer can alternatively accept the post-delivery of the delayed product or the cancellation of the order. Handling charges of the post-delivery will be charged normally. The possible post-delivery will be agreed upon approval of the confirmation of the order.

4. Delivery and payment

1. Finished orders will be sent to delivery on average within 1-2 work days. Delivery time in Finland is generally 1-2 working days. Abroad as an express flight freight 1-3 days and as an express road delivery 3-5 working days. Finished order refers to an order in which all the products are in stock and reserved for the order and the payment of the order is approved.

2. The payment can be paid in advance to the TMR bank account by using the account information on the confirmation of order or by credit card (MasterCard and VISA). Credit customers can order the products in return for an invoice which will be sent later.

5. Right to return and return

1. In consumer transactions, products purchased from the online store will be granted a 14 day limited right to return. The product must be unused and in its unharmed original packaging. TMR employees have the right to make separate written agreements with customers regarding different terms of return of a product. The information must be clearly marked on the receipt.

2. In distance selling unused products are subject to a 14 day right to return as stated in chapter 6 of the consumer protection policy. The purpose of the law is to grant the consumer the right to familiarize oneself with the product as it is possible in the store. In accordance with the law, TMR grants the customer the right familiarize oneself with the contents of the package. Opening the product package must be done with general precaution.

3. Product will not be granted a right to return if it is manufactured, ordered or altered especially according to the customer’s requests.

4. The customer pays for all the expenses caused by sent returns and maintenance transactions. The customer must contact the TMR sales office before any returns/maintenance transactions.

5. The customer is obligated to keep all the necessary copies of the documents related to the return. Tracking code for the parcel delivery is the only proof of shipment.

6. When returning a product or sending it for maintenance an accompanying letter must be included. The letter states the contact information of the sender and the reason for the return.

7. Products must be carefully packaged in order to avoid any damages during delivery. TMR recommends always the use of the product’s original package which has been designed, by the manufacturer, to ensure the safe delivery of the product.

8. TMR is not responsible for the damages in the returned products caused by packaging them carelessly and against contract terms. All expenses caused by faults induced by the customer will be collected from the customer.

9. TMR reserves the right to collect the expenses from the customer if the return of the product has been made without cause and against the terms of agreement. TMR will collect handling and shipping expenses from the customer.

10. More on the right to return for business customers can be found in section 8.

6. Warranty

1. TMR sells parts and supplies only for use in rally and racing. Parts and supplies do not have a warranty.

2. TMR reserves the right to verify reported faults in the products in unclear situations.

3. TMR is not responsible for damages caused by the buyer’s actions.

7. Reclamation

1. Reclamations must be carried out in written form with TMR sales personnel.

8. Terms of agreement for business, public administration and community customers

1. Finnish commercial legislation is applied in sales contracts between TMR and its business and community customers (later customer) unless otherwise stated in these terms of agreement.

2. Customer is obligated to present full contact information when placing an order. Required information is the name of the contact person, phone number, e-mail and company’s VAT-number, postal address, phone number(s) and billing address when necessary.

3. Businesses and communities can apply for a billing customership from TMR sales office.

4. Privacy protection law is applied in customer relations management. Customer register and order information are provided only to identified customers.

5. Customer is obligated to inspect the product within 14 days. Customer is also obligated to familiarize oneself with the product’s instructions and terms of use before using the product. Products and services are always sold in their current condition.

6. TMR grants a limited 14 day right to return to normal stock products. The returned product must be unused and the package unharmed. Instruction for the return of a product can be obtained from TMR sales office.

7. TMR does not sell its products to retail sellers without a separate agreement. Separate agreement can only be done with TMR sales in written form.

8. TMR is not responsible for the indirect or direct expenses caused by fault and/or use of the products or services. TMR is also not responsible for the loss of income. TMR’s liability for damages is always limited to the content of these terms of agreement. Product fault liability is limited to the possible refund of the purchase price deducted with the operational benefit.

9. TMR reserves the right to verify reported faults in the products.

10. TMR is not responsible for damages caused by the buyer’s actions. TMR maintains the right to inspect the quality and nature of the damaged product, also in the case of a cancelled sales transaction.

11. TMR is not obligated to fulfill a contract in the case of force majeure. TMR is not obligated to compensate the customer for the damage or expenses caused by force majeure and TMR is entitled to dissolve the agreement.

Terms updated 20.4.2011

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