General Terms and Conditions

Terms and Conditions

Wheels 'N Customs V.O.F. • Valid for all business transactions (B2B) and consumer transactions (B2C).

Article 1 – Definitions

In these terms and conditions the following is understood by:

  • Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these goods are delivered by the entrepreneur or by a third party.
  • Reflection period: the statutory period within which the consumer may exercise his right of withdrawal (only applicable to B2C, consumer distance purchases).
  • Consumer (B2C): the natural person who does not act for purposes related to his trade, business, craft or profession.
  • Business Customer (B2B): the natural or legal person who acts in the exercise of a profession or business, or who places orders stating a company name, trade name, Chamber of Commerce number and/or VAT identification number.
  • Day: calendar day.
  • Custom & Production Orders: products that are manufactured or adapted according to the specific wishes or instructions of the customer, are not prefabricated and are manufactured or imported on the basis of an individual choice or decision of the customer (for example custom-drilled wheels (custom PCD), machined ET values, exclusive wheel brands and factory orders such as Vossen Wheels, RFC Forged, Concaver, JR-Wheels blanks, genuine carbon parts made to order, or parts painted in colour).
  • Right of withdrawal: the possibility for the B2C consumer only to renounce the distance contract within the reflection period.
  • Entrepreneur: Wheels 'N Customs V.O.F.

Article 2 – Identity of the entrepreneur

  • Name: Wheels and Customs V.O.F. (trading as Wheels 'N Customs)
  • Address / Location: Riddererf 7 C+D\/E, 3861 PT Nijkerk, Netherlands
  • Telephone number: +31 (0)33 202 2408 (Tue to Fri, 09:00 to 17:00)
  • Chamber of Commerce number: 90544900 (Chamber of Commerce in Amersfoort)
  • VAT identification number: NL865355381B01
  • E-mail address: info@wheelsandcustoms.nl

Article 3 – Applicability

  • These terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer (both consumers and business B2B purchasers).
  • Prior to entering into the contract the text of these terms and conditions will be made available to the customer in such a way that it can be easily stored digitally.
  • If specific product conditions apply, the consumer may always rely on the provision that is most favourable to them in case of conflicts. Any purchasing or other terms of business of commercial customers are expressly rejected.

Article 4 – The offer & Indicative Periods

  • The offer contains a complete and accurate description of the products offered. Obvious mistakes or errors (for example unrealistic prices or technical programming errors) do not bind the entrepreneur.
  • If an offer has a limited validity period or is subject to specific conditions (such as with custom work and longer delivery times for imports), this will be explicitly stated in the offer.
  • Indicative delivery and fitting times (Not strict deadlines): All delivery times, production times, transport times and workshop fitting dates communicated by Wheels 'N Customs, whether on the webshop, in quotations, on order confirmations, invoices or in correspondence, are at all times indicative in nature and shall never be considered strict deadlines within the meaning of art. 6:83 sub a BW. Exceeding an indicative period (due to, among other things, international freight delays, customs clearance, production backlog at the manufacturer or logistical impediments) shall never put Wheels 'N Customs automatically into default and shall never give the purchaser the right to immediate termination, unilateral cancellation or any form of compensation.
  • Default shall only occur after the purchaser has validly notified Wheels 'N Customs in writing by registered letter or by a reply to the original invoice e-mail and Wheels 'N Customs has been given a reasonable further remedial period to still comply. For commercial B2B transactions, custom orders and foreign production and import orders this remedial period is at least 30 calendar days.

Article 5 – The agreement & Payments

  • The agreement is concluded at the moment the customer accepts the offer and fulfils the stated conditions. The entrepreneur will confirm this without delay by e-mail.
  • The entrepreneur will implement appropriate security measures for the electronic transfer of data and secure online payments.
  • We reserve the right to refuse or revise orders that include one or more small items solely intended to reach or bypass the free-shipping threshold prior to acceptance.
  • For payments via standard payment methods (such as iDEAL and SEPA bank transfer) Wheels 'N Customs does not charge additional fees. Only for specific payment methods where the external provider charges high transaction costs (such as Klarna or PayPal) the actual costs may be passed on, provided this complies with the legal (PSD2) guidelines and was transparently stated at checkout.
  • For business orders (B2B), orders will only be definitively processed and put into production after the agreed payment or deposit has been received by Wheels 'N Customs. Accepted B2B payment methods are: iDEAL, Bancontact and SEPA Bank Transfer.

Article 6 – Right of withdrawal & Diminution in value (Consumers only, B2C)

  • The consumer may cancel an agreement for the purchase of a standard product within a cooling-off period of 14 days without giving any reason.
  • The cooling-off period starts on the day after the consumer, or a third party nominated in advance by the consumer (other than the carrier), receives the (last) product.
  • During the cooling-off period the consumer must handle the product and its packaging with care. The product may only be handled and inspected as is permitted in a physical store to establish the nature, characteristics and functioning of the product. The product must explicitly not be fitted to a vehicle, be mounted with tyres, be tried on without following the factory instructions, or be put into use.
  • Liability for Loss of Value (art. 6:230s para. 3 & para. 8 BW): If the consumer goes beyond the legally permitted inspection, including but not limited to machine-mounting tyres on wheels, degreasing rim beds, applying wheel weights, inflating a wheel set or trial-fitting on the hub, irreversible damage to the product’s new condition and commercial value will occur. The consumer is formally and legally liable for the resulting commercial and actual loss of value, which may range from 25% to 100% of the purchase price.
  • Condition of Packaging & Repackaging Damage: Our large body parts (such as spoilers, diffusers and bumpers) are delivered in specific protective films and transport boxes to prevent scratches and impact damage. If the product is returned with damaged or torn packaging, missing protective films, or in a way that impairs the product’s new condition for resale, actual damage arises due to necessary repackaging, inspection and reduced B-grade market value. The consumer is, pursuant to art. 6:230s para. 3 BW, liable for this loss of value (standard set at 10% to 25% of the product value), which will be deducted from the refund.

Appendix I: Model Withdrawal Form (Consumers only)

(Only complete and return this form if you wish to withdraw from the contract)

MANDATORY SUBMISSION METHOD (GDPR PROTOCOL):

Send this completed form exclusively by replying (Answer / Reply) to the e-mail in which you received your invoice or order confirmation. Separate e-mails, letters or messages via the contact form will not be processed for the protection of your personal data.

To:
Wheels 'N Customs V.O.F.
Riddererf 7 C+D, 3861 PT Nijkerk
Respond only via the e-mail thread of your invoice.

Hereby I/we (*) inform you that I/we (*) withdraw/withdraw from our contract concerning the sale of the following products (*):

Ordered on (*) / Received on (*):
 
Order number / Invoice number:
 
Name of consumer(s):
 
Address of consumer(s):
 
Date of submission:
 

(*) Cross out what does not apply or fill in what applies.
Important legal note: For custom-made products (including Real Carbon, Custom PCD/ET wheels pursuant to art. 6:230p BW), business-to-business transactions and physically assembled wheel sets, there is a mandatory legal exclusion or set-off of the actual loss of value (B-grade depreciation) under art. 6:230s BW.

Article 7 – Exercise of the right of withdrawal and Return Costs

  • Registration: If the consumer makes use of the right of withdrawal, or wishes to report a defect, this must in all cases be done by replying directly (reply) to the e-mail in which the invoice for the order was received. This ensures all data are linked.
  • Return procedure & Warehouse locations: We work with multiple specialised warehouses. After registration you will receive the exact and correct return address. The product must be returned no later than 14 days after registration in its original condition, undamaged, unassembled and including the original protective films.
  • No physical drop-off: Returns are accepted only via an official carrier or parcel shipment. Physically handing in returns at our location or workshop in Nijkerk is, due to internal logistics processes, not possible.
  • Risk & Costs: The direct costs of the return shipment are entirely the responsibility of the consumer. For large and bulky body parts (such as diffusers, bumpers and side skirts) that cannot be sent via regular parcel post, we may, if logistically feasible, offer our special transport and collection service. The actual collection and transport costs for this (approximately €29,95 to €79,95 incl. VAT, depending on size and region) will be offset against the refund at the time of withdrawal. Wheels 'N Customs is never liable for transport damage or loss during the return transit to our warehouse.
  • As soon as we have received the return shipment in good order and in new condition, we will reimburse all payments (excluding return costs) no later than 14 days.

Article 8 – Exclusion of the right of withdrawal (Custom work, Wheel sets, Modifications & B2B\/B2C)

  • Business customers (B2B): The statutory consumer right of withdrawal and cooling-off period are categorically not applicable to orders placed with a company name, Chamber of Commerce number (KVK) or VAT number. All B2B orders are formally excluded from withdrawal or return. Returns are only possible in exceptional cases after explicit prior written consent from Wheels 'N Customs, with administration and restocking fees (typically 15% to 40%) charged.
  • Customer-specific production orders & Exclusive imports (ex art. 6:230p sub f BW): Products that have been specially ordered or produced for the purchaser by foreign manufacturers or suppliers (including but not limited to Vossen Wheels, RFC Forged, Ingo Noak Tuning, Concaver and custom JR-Wheels blanks) are excluded from withdrawal, cancellation or exchange from the moment of order confirmation or production start.
  • Custom wheels & Genuine Carbon: Products manufactured or produced to the individual and specific wishes of the customer (such as custom PCD drilled wheels, machined ET values, Genuine Carbon fibre parts, or colour-painted components) are legally and mandatorily excluded from the right of withdrawal (art. 6:230p BW). (Note: for Genuine Carbon, full fitment and installation guarantee applies if fitted in our workshop).
  • Assembled Wheel Sets (Rim + Tyre fitting): Rims and tyres that have been physically assembled and balanced into a wheel set at the specific request of the customer lose their pristine new condition due to the mounting operations (clamping on machines, adhesive weights, bead stretching). In the event of withdrawal of an already mounted wheel set, the statutory depreciation pursuant to art. 6:230s BW (in accordance with our calculation model) will be deducted from the refund.
  • Broken protective film, paintwork & modified parts: Parts (such as Maxton Design diffusers and spoilers) whose original protective film has been removed or whose mounting material has been broken, as well as parts that have already been painted or fitted by the customer (or a third party), are excluded from return.
  • Modifications, Alterations & Workshop Customisation: The right of withdrawal is also mandatorily excluded for products that have been adapted, modified, altered or custom-made at the request of, or with the express (written) consent of, the purchaser. This includes, but is not limited to:
    • Cutting or shortening, milling, adapting or machining parts for vehicle-specific options or accessories (such as towbars, non-standard exhaust systems or sensors).
    • Custom parts ordered, machined or modified to customer specification.
    Such customised or modified products cannot be returned, credited or considered defective after the work has been carried out or the goods delivered due to the modification performed at the customer’s request.

Article 9 – Price & B2B Shipping

  • During the validity period stated in the offer, prices will not be raised, except for price changes resulting from changes in VAT rates or compelling statutory regulations.
  • The prices shown in the webshop for consumers include statutory VAT. Business B2B prices and quotations are generally quoted excluding VAT.
  • Free shipping applies for consumers from € 250,- incl. VAT and for business B2B orders from € 207,- excl. VAT (€ 250,- incl. VAT).

Article 10 – Conformity and Warranty

  • The entrepreneur warrants that the products comply with the contract and with reasonable requirements of durability. The official factory warranty on construction and material defects also applies to this.
  • A standard 1 year warranty applies to the paint on sprayed wheels. This paint warranty lapses immediately if wheels that are not explicitly designated as 'winter-suitable' are nevertheless used in winter (in combination with grit or salt). There is never any warranty on polished (polished\/machined) areas.
  • A 6-month warranty applies to the fitting of body parts carried out in our workshop. However, there is an exception for products that (from the factory) are attached only with double-sided 3M tape (no warranty applies to these).
  • Warranty always expires in the event of: normal and acceptable wear and tear (such as kerb damage), improper use, defective maintenance, use of car washes, aggressive wheel cleaners or acids, and exceeding the torque settings (Nm) prescribed by the vehicle manufacturer during fitting by third parties.
  • Genuine Carbon Structural Tolerances: Genuine Carbon is a handmade product. Slight weave variations (< 5%) or micro-bubbles in the clear coat that are inherent to the artisanal production process fall within acceptable tolerance limits and do not justify a claim or return.
  • Big Brake Kits & Clearance: When purchasing wheels, spacers or brake parts the buyer is responsible for checking the physical clearance around non-original brake calipers (Big Brake Kits) in advance. Fitment claims resulting from unreported brake modifications are excluded.
  • Exclusion for heat damage & modifications: Warranty on and liability for supplied body parts, diffusers, spoilers and exhaust systems are in any case void if there is heat damage, melting damage or other defects caused by the specific condition of the buyer’s vehicle. Our products are developed and guaranteed only for use on vehicles in original factory specification (OEM). Any form of damage resulting from aftermarket modifications (including chiptuning, so‑called 'pops & bangs', or modified sport exhaust systems) is expressly excluded from the warranty.
  • Costs incurred by third parties (such as (de)installation by other garages, alignment costs, or paint shops) in the event of warranty issues will never be reimbursed by Wheels 'N Customs. Warranty is limited solely to (repair of) the delivered physical product itself.
  • A 6‑month warranty applies to installation of body parts carried out in our workshop. However, there is an express exception for products that are attached solely or mainly by double-sided 3M tape and\/or mounting adhesive or sealant (no installation warranty is provided for these).

Article 11 – Installation conditions, High Speed and Fit Check

Fit check prior to installation
The customer is obliged to 'test-fit' (aerodynamic) styling parts on the vehicle before final installation (or colour painting). Once (3M) tape, sealant, or drill holes have been applied, or protective films have been removed, any right to complaint (non-conformity) or return expires. The part will then be considered accepted.

Warranty, Liability, High Speed & Burden of Proof
We provide a standard 1 year warranty on installation work carried out by us, only provided the vehicle is used within the regular legal frameworks and factory guidelines. The following strict exclusions and burdens of proof apply:

  • No warranty for parts attached only with 3M tape: No installation warranty is granted for parts that are attached solely by double-sided (3M) tape. The adhesion of these depends on weather and washing influences after you leave our premises.
  • Loss or damage at high speeds: No warranty is provided for parts that become detached, break off or cause (consequential) damage during or as a result of driving at high speeds (for example in Germany or on the track). We never accept any liability for damage to the vehicle, the part, or third parties.
  • Legal Burden of Proof (Speed & Damage): If you wish to make a warranty claim for a broken or damaged part, the legal burden of proof rests with you. You must demonstrate by irrefutable video evidence (for example a timestamped and GPS‑logged dashcam recording) that the vehicle did not exceed the locally applicable speed limit and that there was no external impact.

Additional Conditions for Suspension Installation (Springs & Coilover Kits)
When fitting lowering springs and coilover kits you explicitly agree to the exclusions below:

  • Settling (Sagging): New springs require a run-in period and may still settle by a few millimetres. This is outside warranty and does not justify a free ride‑height readjustment.
  • Alignment & Calibration: Any tyre wear resulting from not having the alignment done (in time) is outside our liability. The customer is responsible for re-calibrating ADAS/driver assistance systems.
  • Wear on OEM Parts: Lowering increases the load on existing OEM control arms, top mounts and drive shafts. Wheels 'N Customs is never liable for accelerated wear, defects or additional noises on vehicle parts already present.
  • Ride Comfort: A firmer ride and slight mechanical noises are inherent product characteristics of sport suspensions.

Mandatory Disclosure of Non‑OEM Modifications
Our fitting service is geared to vehicles in original factory condition (OEM). You are obliged to explicitly inform us prior to a fitting appointment if your vehicle is fitted with non‑original parts (such as altered exhaust systems, engine tuning or modified bumpers). If you fail to do so, you bear the full risk for fitment issues or heat damage and our liability lapses immediately.

No fitment guarantee on glued/bonded parts: For fitment work carried out or supervised by us on body and styling parts that are attached wholly or mainly with adhesive or sealant (such as polyurethane sealant or body sealant) (including, but not limited to: roof spoilers, boot spoilers, side skirt extensions and trims), no fitment guarantee whatsoever is given. The adhesion and durability of glued/bonded parts after delivery are highly dependent on external factors beyond our control (such as weather conditions, temperature fluctuations, car wash visits, use of high‑pressure cleaners, driving behaviour and mechanical stress). The buyer/client must allow bonded parts the prescribed curing time after fitment and must regularly check the adhesion themselves. Wheels 'N Customs accepts no liability for parts detaching, becoming damaged or being lost that are attached solely with sealant or adhesive.

Article 12 – Transport Damage Procedure

  • Despite our utmost careful packaging, transport damage may nonetheless occur caused by the courier. To be able to claim under the transport insurance, we urgently ask you to report any visible damage to the driver immediately upon delivery (and to have this noted on the scanner).
  • If you discover the damage only after opening, we ask you to report this to us no later than within 3 working days (72 hours) after delivery by replying to the invoice email. Reports outside this period will no longer be processed by the transport insurer.
  • You must document the damage with clear photos of: (a) the damage to the product itself, (b) all inner and outer packaging, (c) the shipping label on the box and (d) the item sticker. Always keep the original packaging and the box until the claim has been fully processed by us!

Article 13 – Incomplete or Incorrect Deliveries & Processing Prohibition

  • Obligation to report: If a shipment is delivered incomplete (such as missing parts or fasteners) or with incorrect items, the customer must report this in writing no later than within 3 working days (72 hours) after receipt by replying to the invoice email. The customer must include clear photos of the received products, the packaging and the item labels with this report.
  • Strict prohibition on fitting and modification: The customer is expressly forbidden to (have) fit, modify, repair or (have) paint incomplete, damaged and\/or incorrect parts. It is also forbidden to pre-fit other parts of an incompletely delivered set (bodykit) while waiting for the missing part.
  • Forfeiture of claim/warranty rights: As soon as the customer (or a third party engaged by the customer) modifies, paints, repairs, or (partially) fits an incorrect, damaged or incomplete product without our express prior written consent (approval), this is legally considered an unconditional acceptance of the product in its current condition.
  • Consequence for the manufacturer: Because such actions immediately frustrate our ability (and the manufacturer’s ability) to investigate the cause of the defect and to file an official claim, the customer’s right to complaint, warranty, replacement or backorder immediately and fully lapses in these cases. In the event of defects you must always await our instructions and our written approval before taking any action.

Article 14 – Deposits, Breach of Contract, Remaining Claim & Restocking Costs

  • Deposit to cover costs: Wheels 'N Customs is entitled to require a deposit of at least 30% to 50% of the total order amount to cover direct purchasing obligations, production costs, logistics and workshop reservations.
  • Distance selling consumer right of withdrawal: If a consumer withdraws from a contract for an unused and unaltered standard product within the statutory reflection period of 14 days, the contract will be dissolved and the deposit refunded (subject to provisions concerning repackaging and transport costs in accordance with Articles 6 and 7).
  • Offsetting depreciation / Cancellation: If an order is cancelled by the buyer after parts have already been physically assembled\/fitted, the packaging is severely damaged, or outside the statutory reflection period, the deposit paid will legally be offset against the actual depreciation incurred (pursuant to art. 6:230s BW), workshop costs, inspection damage and\/or restocking costs.
  • Purchases in the physical store: For orders placed physically in our shop or workshop, the right of withdrawal under the Distance Selling Act does not apply. In case of cancellation Wheels 'N Customs is entitled to retain the deposit to cover order and transport costs already incurred.
  • B2B and Custom Orders (Forfeiture of deposit): In case of cancellation by business customers (B2B) or for specification-specific items and factory orders, free cancellation is never possible. The deposit will be retained in full to compensate for cancelled orders, mandatory purchasing costs, restocking costs and lost profit.
  • Right to performance and payment of remaining balance: Agreements are binding. Wheels 'N Customs reserves at all times the statutory right to demand full performance of the agreement instead of rescission (pursuant to art. 3:296 in conjunction with 6:74 of the Dutch Civil Code). This means the purchaser remains obliged to accept the ordered goods and to pay the full outstanding invoice amount. If the purchaser does not accept the goods or ceases payment, the remaining invoice amount becomes immediately due and payable without further notice of default, increased by statutory commercial interest, storage charges in accordance with Article 15 and extrajudicial collection costs.

Article 15 – Storage Charges and Right of Retention

  • If a product (such as wheels or chassis components) is ready for fitting\/collection for you, or has been returned pending instructions from you, and you do not respond to our written contact attempts for more than 3 weeks, we are obliged to charge warehouse and storage fees of €12.50 (incl. VAT) per item per elapsed week.
  • If the cumulative storage charges approach or exceed the invoice value (usually after 16 weeks), we will immediately exercise our right of retention. We are legally entitled to rescind the sale and then take the item into our own stock, sell it or destroy it to cover the storage costs, whereby the right to delivery irrevocably lapses.

Article 16 – Delivery, Performance & Force Majeure

  • The entrepreneur will execute accepted orders with reasonable dispatch. Communicated delivery times are indicative. The risk of loss or damage rests with the entrepreneur until the moment of delivery to the consumer, unless otherwise agreed. For business deliveries (B2B) the risk transfers at the moment of handover to the carrier.
  • Force Majeure: Wheels 'N Customs is not liable for delays or failures resulting from force majeure (including strikes, customs blockades, import restrictions, international transport disruptions and manufacturer failures). In such situations delivery deadlines are suspended for the duration of the force majeure event.

Article 17 – Limitation of Liability

  • To the extent permitted by law, the total liability of Wheels 'N Customs towards the purchaser, except in cases of intent or gross negligence, is at all times limited to a maximum of the invoice amount of the relevant delivery.
  • Wheels 'N Customs is never liable for indirect damage, consequential loss, lost profits, missed savings or business interruption of business purchasers or third parties.

Article 18 – Complaints Procedure, Disputes & Applicable Law

  • Complaints about the performance of the agreement must be reported by e-mail in full and clearly described as soon as reasonably possible after the customer has discovered the defect, by replying to the invoice.
  • All offers and agreements between Wheels 'N Customs and the customer are governed exclusively and mandatorily by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
  • Disputes shall be submitted exclusively to the competent court of the District Court of Midden-Nederland.

Article 19 – Disclaimer & Damaged Vehicles

  • The information and specifications on our webshop are compiled with the greatest care. However, Wheels 'N Customs is not liable for damage arising from any omissions or typographical errors.
  • Our bodywork and styling parts are developed exclusively and guaranteed for factory-new vehicles in original factory condition (OEM). If a vehicle has previously suffered damage, has been repainted, or shows chassis deviations, any form of fitment discrepancy falls outside our liability.

Article 20 – Privacy & Communication Protocol (GDPR)

  • Written record: To ensure safe, traceable and correct handling of orders, returns, warranties and enquiries, important communication regarding ongoing or completed orders must at all times be made in writing by e-mail, preferably as a direct reply to your invoice e-mail.
  • We do not accept official return or warranty notifications via social media, telephone or WhatsApp, as these channels are insufficiently reliable for the legally required archiving and file building in accordance with the GDPR.
  • Customer data is processed by Wheels 'N Customs solely for the fulfilment of the contract and will never be shared with third parties for commercial purposes without consent, unless this is necessary for the carrier or the performance of a legal obligation.

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