Terms and conditions

In these general terms and conditions, the following terms apply:

• The Banking: The Banking (Chamber of Commerce number: 1234567890), the user of these general terms and conditions;
• Consumer: any natural person acting for purposes outside their trade, business, or profession;
• Entrepreneur: any natural person and/or legal entity acting in the exercise of their profession or business;
• Agreement: an agreement between The Banking and a consumer concerning the purchase of a product;
• Distance Agreement: any agreement between The Banking and the consumer concluded within the framework of an organized system for distance selling or service provision without simultaneous in-person presence, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication, such as email, online store, telemarketing, telephone, etc.;
• Consumer Purchase: the purchase of one or more movable goods concluded between The Banking and the consumer;
• Reflection Period: the period within which the consumer can revoke the distance agreement.
• Cancellation: the consumer's option to cancel the distance contract within the cooling-off period.
• Product: the product or products the consumer purchases from The Banking.

Company name: The Banking
Trading under the names: Motorsport Trophy Room co
Business address: 701 Tillery Street unit 12 2601, TX 78702  Austin
Email: info@the-banking.com

1. These general terms and conditions apply, to the exclusion of all other general terms and conditions, to all (pre-contractual) offers and quotations from The Banking and to all distance contracts concluded between The Banking and the consumer.
2. Prior to concluding a distance contract, these terms and conditions will be made available to the consumer electronically in such a way that they can be stored by the consumer on a durable data carrier.
3. Deviation from these general terms and conditions is only possible if The Banking and the consumer have expressly agreed to this in writing in advance. Such a deviation applies once only, unless expressly stated otherwise.
4. Where these general terms and conditions refer to "written," this also includes electronic writing.
5. If an agreement is concluded between The Banking and a business, these terms and conditions apply in full, with the exception of Articles 5 and 11. Where these terms and conditions use the term "consumer," it should be read as "business."

1. The offer includes a complete and accurate description of the products and/or services offered. Images used by The Banking are a true representation of the products offered. Obvious errors or mistakes in the offer are not binding on The Banking.
2. Furthermore, the offer contains other relevant information that makes the consumer understand their rights and obligations, such as the duration of the offer, the terms and conditions of the offer, the price of the product including VAT, any delivery costs or information about any additional delivery costs, and the available payment methods.

1. The agreement is concluded when the consumer accepts the offer and meets the conditions set forth therein. The Banking confirms the agreement by email.
2. If the agreement is concluded electronically, The Banking will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

1. The consumer can cancel a distance contract concerning the purchase of a product without giving any reason within 14 days from the date the consumer received the product. Cancellation can be done by completing and returning the model form attached as Appendix I to these general terms and conditions. This model form is provided to the consumer (digitally) upon conclusion of the agreement.
2. The consumer can only exercise their right of cancellation if the product in question is complete, undamaged, and unused.
3. During the 14-day cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack and use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
4. The consumer is liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted under the previous paragraph. If the consumer exercises their right of withdrawal, they must return the product to The Banking as soon as possible, but no later than fourteen days after notifying them of their intention to exercise their right of withdrawal.
5. The consumer must return the product with all accessories supplied and, if reasonably possible, in the original packaging. The costs of returning the product are borne by the consumer.
6. If the consumer exercises their right of withdrawal, The Banking will refund any amounts already paid by the consumer as soon as possible, but no later than fourteen days after the day on which the consumer notifies them of their withdrawal.

1. Delivery takes place by placing the product in the consumer's possession. The delivery address is the address provided by the consumer to The Banking.
2. The Banking will fulfill accepted orders expeditiously, but no later than within 30 days, unless the parties have agreed on a different delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and may claim any compensation.
3. The risk of damage and/or loss of the product passes to the consumer upon delivery to the consumer or a previously designated representative of the consumer made known to The Banking, unless expressly agreed otherwise.

1. Payment is made upon conclusion of the agreement via iDEAL, credit card, by deposit into the The Banking's bank account, or another agreed payment method.
2. If the consumer fails to meet their payment obligation, the consumer, after receiving written notice of default from The Banking, will owe statutory interest and collection costs within 14 days. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500.00; 10% on the next €2,500.00; and 5% on the next €5,000.00, with a minimum of €40.00.

1. The Banking guarantees that the product complies with the agreement and the specifications stated in the offer. Furthermore, The Banking guarantees that the product possesses the properties required for normal use. Normal use means using the product for riding on a race track. The product is expressly not intended for use on public roads.
2. The consumer is responsible for the installation of the product. The Banking does not guarantee the soundness of the product if the consumer fails to properly comply with the instructions or regulations provided by The Banking or the manufacturer, such as (but not limited to) the installation instructions and the prescribed tire pressure.
3. The Banking is not liable for damage and/or defects that arise after delivery of the product as a result of other than normal use, improper use, a lack of care by the consumer, or modifications made to the product by the consumer or a third party.

1. The consumer cannot assert any right to any compensation (for damages) against The Banking for any reason whatsoever, except in the case of intent or deliberate recklessness.
2. The Banking's liability is limited to the value of the product in question. The Banking is never liable for indirect damage and/or consequential damage.
3. The Banking is not liable in the event of force majeure. Force majeure includes, but is not limited to, natural disasters (fire, flood, earthquake, hurricane), trade embargoes, government intervention, pandemics, wars, and terrorism. The Banking will inform the consumer of any force majeure situations as soon as possible.

1. The Banking retains ownership of all products purchased by the consumer, as long as the consumer has not (fully) fulfilled their payment obligations arising from the agreement concluded with The Banking, including claims arising from failure to perform the agreement. This clause constitutes a retention of title within the meaning of Article 3:92, paragraph 2, of the Dutch Civil Code.
2. The consumer is not authorized to alienate or encumber in any way the product subject to this retention of title. This clause has property law effect within the meaning of Article 3:83, paragraph 2, of the Dutch Civil Code.
3. The consumer is obligated to keep the delivered products, the ownership of which rests with The Banking, separate or otherwise store them individually.

1. Complaints regarding the performance of the agreement must be submitted to The Banking fully and clearly described within a reasonable time after the consumer has discovered the defects.
2. Complaints submitted to [the trader] will be processed within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, The Banking will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
3. Consumers should first contact The Banking with any complaints. Complaints can also be submitted via the European ODR platform (https://ec.europa.eu/odr).

1. The Banking is entitled to amend these terms and conditions. Amendments to these terms and conditions will only be effective after they have been published in an appropriate manner. In the event of amendments to the terms and conditions during the term of an offer, the provisions most favorable to the consumer will prevail.
2. The invalidity of one or more provisions in these terms and conditions does not affect the validity of all other provisions. If a provision in these terms and conditions proves invalid for any reason, the parties are deemed to have agreed on a valid replacement provision that approximates the invalid provision as closely as possible in intent and scope.

1. Dutch law, with the exception of the Vienna Sales Convention, governs all agreements between The Banking and the consumer, as well as all disputes arising from or related to an agreement between The Banking and the consumer.
2. In such cases, disputes will be submitted exclusively to the competent court of Gelderland, Arnhem location.