Document structure:
– Part A: General Terms & Conditions (apply to all Customers)
– Part B: B2B Addendum (applies additionally to Business Customers; in case of conflict, Part B prevails for B2B transactions)
Where mandatory law distinguishes between consumers and business customers, TYGA Europe applies those mandatory rules accordingly.
PART A – GENERAL TERMS & CONDITIONS
1. Company Information
1.1 These general terms and conditions (“Terms”) are used by TYGA Europe, TYGA-Liberty v.o.f., having its registered office at Lankhorsterweg 13, 7951PM Staphorst, The Netherlands, registered with the Dutch Chamber of Commerce under number 59737123, VAT number NL853624215B01, and reachable via service@tygaeurope.com and +31(0)6-51759897 (“TYGA Europe”, “we”, “us”, “our”).
1.2 These Terms govern all offers, quotations, orders, deliveries, and agreements relating to products offered through our website https://tygaeurope.com (“Website”).
1.3 Where mandatory law distinguishes between consumers and business customers, TYGA Europe applies those mandatory rules accordingly.
2. Definitions
In these Terms, the following definitions apply:
– Consumer: a natural person acting for purposes outside their trade, business, craft, or profession.
– Business Customer: any legal entity or natural person acting in the exercise of a profession or business.
– Customer: Consumer or Business Customer purchasing from TYGA Europe.
– Order: the Customer’s request to purchase one or more products.
– Agreement: the distance contract concluded between TYGA Europe and Customer.
– Products: all goods offered by TYGA Europe, including performance and custom-made components.
– Carrier: the third party engaged for shipment and delivery.
– Working Day: Monday through Friday, excluding Dutch public holidays.
– Force Majeure: any circumstance beyond TYGA Europe’s reasonable control preventing or delaying performance.
– Custom Product: any product made to customer specifications, personalised, or specially ordered for a Customer.
3. Applicability
3.1 These Terms apply to all offers, quotations, Orders, and Agreements unless explicitly agreed otherwise in writing.
3.2 Any Customer terms and conditions are expressly rejected unless TYGA Europe has accepted them in writing.
3.3 If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in full force.
3.4 For Business Customers, Part B (B2B Addendum) also applies. In case of conflict between Part A and Part B, Part B prevails for B2B transactions.
4. Formation of Contract
4.1 Product listings and prices on the Website are an invitation to place an Order and do not constitute a binding offer by TYGA Europe.
4.2 An Agreement is formed only after TYGA Europe has accepted the Order by explicit order confirmation or by dispatching the Products.
4.3 TYGA Europe may refuse or cancel an Order for legitimate reasons, including but not limited to stock unavailability, fraud risk, payment issues, manifest errors, sanctions restrictions, or legal compliance concerns.
4.4 If TYGA Europe discovers an obvious mistake in pricing, product description, or stock status, TYGA Europe may correct or cancel the affected Order and refund amounts already paid.
4.5 If an Order is cancelled by TYGA Europe after payment, TYGA Europe aims to provide a full refund within 7 days.
5. Prices, Taxes and Currency
5.1 Prices shown during checkout are leading for the Agreement.
5.2 Unless explicitly stated otherwise, prices include VAT only where legally required for the applicable destination and customer type.
5.3 Import VAT, customs duties, brokerage charges, and local taxes for shipments outside the Netherlands or EU may be payable by the Customer.
5.4 Currency conversion rates and transaction fees charged by payment providers or banks are at the Customer’s expense and risk.
5.5 TYGA Europe may amend website pricing, specifications, and product information without prior notice.
5.6 If, before payment acceptance, there is a substantial supplier cost increase, a long delay between ordering and payment, or a manifest mispricing/misprint, TYGA Europe may propose a corrected price. If the Customer does not accept the corrected price, TYGA Europe may withdraw from the transaction and refund any amount paid.
6. Payment
6.1 TYGA Europe offers payment methods shown at checkout.
6.2 Payment must be completed successfully before dispatch or backorder processing unless otherwise agreed. Any bank transfer charges are borne by the Customer; underpayment due to unpaid transfer charges may delay fulfilment.
6.3 TYGA Europe may perform fraud and compliance screening. This may delay, suspend, or cancel an Order.
6.4 In case of unjustified chargebacks or payment reversals, TYGA Europe is entitled to recover direct and reasonable collection, administrative, and legal costs.
7. Availability and Backorders
7.1 Availability information is indicative and may change.
7.2 TYGA Europe may deliver in partial shipments unless this is unreasonable for a Consumer.
7.3 If a Product is temporarily unavailable, TYGA Europe may propose a backorder, alternative product, or cancellation with refund.
7.4 If all ordered items are in stock and payment is completed, TYGA Europe aims to dispatch within approximately one week. This is an indicative target and not a strict deadline.
7.5 TYGA Europe may supply products from stock with minor specification differences (including pre-update or post-update variants), provided the product remains reasonably equivalent for the intended purpose.
7.6 If TYGA Europe does not supply goods, the Customer is entitled to a refund of amounts paid for undelivered goods. Further compensation is excluded to the maximum extent permitted by law, without prejudice to mandatory Consumer rights.
8. Shipping and Delivery
8.1 Delivery times are estimates only and are not strict deadlines unless explicitly agreed in writing.
8.2 TYGA Europe is not liable for delays caused by Carriers, customs authorities, weather, strikes, peak seasons, or Force Majeure.
8.3 Risk of loss passes to:
Consumers: upon delivery to the Consumer or their designated recipient (excluding Carrier selected independently by Consumer).
– Business Customers: upon handover to Carrier.
8.4 Customer must provide complete and correct delivery information. Additional costs caused by incorrect details may be charged to the Customer.
8.5 TYGA Europe generally offers shipment through carriers such as PostNL and DHL; available shipping options are shown at checkout.
8.6 For Business Customers, and to the extent permitted by law, claims for transport damage, loss, or non-delivery must be filed with the relevant Carrier by the Customer. TYGA Europe may assist at its discretion but is not obliged to process such claims on the Customer’s behalf.
8.6a For Consumers, clause 8.6 does not apply. Risk of loss for Consumers passes only upon delivery as set out in clause 8.3, and mandatory consumer law governs any claims for loss or damage during transit.
8.7 If the Customer has a specific delivery deadline, this must be communicated and expressly agreed in writing. TYGA Europe is not liable for missed deadlines that were not expressly accepted.
8.8 If a substantial delivery delay occurs, TYGA Europe will inform the Customer and try to agree a revised delivery date. Where no revised date is agreed, the Customer may cancel for undelivered goods and receive a refund, subject to clause 8.9.
8.9 Custom or specially manufactured products may be non-cancellable once manufacturing has started, unless mandatory law requires otherwise.
9. Import Duties and Customs
9.1 For cross-border deliveries, the Customer is responsible for complying with import regulations in the destination country unless expressly agreed otherwise.
9.2 The Customer bears customs duties, import VAT, brokerage, storage, demurrage, and clearance costs, unless mandatory law states otherwise.
9.3 TYGA Europe is not responsible for delays, confiscations, returns, or extra costs caused by customs processing or missing import documentation from the Customer.
10. Right of Withdrawal (Consumers in EEA where applicable)
10.1 Where mandatory consumer law grants a right of withdrawal, the Consumer may withdraw from the Agreement within 14 days without giving reasons.
10.2 The withdrawal period starts on the day after the Consumer (or designated third party, other than Carrier) receives the Product.
10.3 The Consumer may exercise withdrawal by:
– using TYGA Europe’s withdrawal form; or
– sending an unambiguous statement by email to service@tygaeurope.com.
10.4 The Consumer must return the Product without undue delay and no later than 14 days after notifying withdrawal, unless TYGA Europe offers collection.
10.5 Return shipping costs for withdrawal are borne by the Consumer, unless otherwise agreed or required by law. TYGA Europe will inform the Consumer of this obligation in pre-purchase information.
11. Withdrawal After Dispatch
11.1 If withdrawal is requested after shipment, TYGA Europe is not obliged to intercept or reroute the shipment.
11.2 The Customer must accept delivery and return the Product according to return instructions.
11.3 Refusing delivery does not in itself constitute valid withdrawal.
11.4 Where permitted by law, TYGA Europe may deduct direct costs arising from refusal or non-acceptance, including return freight, customs charges, storage, and carrier handling fees.
12. Returns Procedure
12.1 Return authorisation (RMA or written approval) may be required before return shipment.
12.2 Returned Products must be complete, clean, uninstalled, and adequately packaged to prevent transport damage.
12.3 The Customer bears the burden and risk of return shipment until TYGA Europe confirms receipt.
12.4 TYGA Europe may reject or apply value reduction for returns that are incomplete, damaged by inadequate packaging, or show use beyond what is necessary to inspect nature, characteristics, and functioning.
12.5 Return requests should include at least the order number and the reason for return to support efficient handling.
12.6 For non-defective returns outside mandatory Consumer withdrawal rights, TYGA Europe may accept returns at its discretion and may apply a reasonable restocking/handling fee, including up to 10% for Business Customers where permitted by law.
12.7 Outside mandatory legal rights (including Consumer withdrawal rights), TYGA Europe may refuse return requests submitted more than 14 days after delivery.
13. Non-returnable Products
13.1 Unless mandatory law requires otherwise, the following are non-returnable:
– Custom Products;
– specially ordered non-stock items;
– personalised Products;
– sealed goods unsealed after delivery where return is unsuitable for health/hygiene reasons.
13.2 TYGA Europe will indicate non-returnable status where reasonably possible.
14. Refunds
14.1 TYGA Europe refunds eligible amounts within 14 days after:
– receiving returned Products; or
– receiving sufficient proof of return, whichever is earlier where legally required.
14.2 TYGA Europe may withhold reimbursement until receiving the returned goods or valid proof of return.
14.3 Refunds are made via the original payment method unless otherwise agreed.
14.4 Original outbound shipping costs are refunded only to the extent required by mandatory law.
14.5 For discretionary returns or non-withdrawal credits (where statutory 14-day withdrawal reimbursement rules do not apply), TYGA Europe may process refunds within up to 30 days.
14.6 The 30-day period in clause 14.5 applies to Business Customers and discretionary non-statutory returns only. For Consumers exercising their right of withdrawal, the 14-day reimbursement period under clause 14.1 always applies.
15. Warranty and Defects
15.1 Statutory rights for Consumers (including conformity rights) remain unaffected.
15.2 Products offered by TYGA Europe, especially performance parts, require correct selection, proper installation, and appropriate use. The Customer is responsible for verifying compatibility, legal suitability, and installation requirements before use. Unless mandatory law provides otherwise, installation and use are at the Customer’s own risk.
15.3 Warranty exclusions include defects caused by:
– incorrect installation, misuse, abuse, neglect, or improper maintenance;
– accidents, external causes, or normal wear and tear;
– unauthorised modifications or repairs;
– racing/track use unless explicitly covered in writing.
15.4 TYGA Europe is not responsible for installation, fitting, removal, or workshop labour costs, nor for losses arising from incorrect installation or use, to the maximum extent permitted by law.
15.5 Customer must inspect Products promptly upon receipt and report defects without undue delay, including order number, photos, and description. For Consumers, a defect notice given within two months after discovery is deemed timely. For Business Customers, the notification deadlines in Part B apply.
15.6 For Business Customers, complaint periods and remedies may be limited to the extent permitted by law and as further specified in Part B.
15.7 OEM products are expected to be delivered free from defects; visible defects should be reported immediately after receipt.
15.8 HRC, VHM, and TYGA Performance racing products are intended for competition use and, to the maximum extent permitted by law, are supplied without performance guarantees beyond mandatory legal rights.
16. Product Compatibility and Technical Information
16.1 Product descriptions, compatibility notes, and fitment information are indicative and may not cover all model years, variants, or local regulations.
16.2 The Customer remains responsible for verifying compatibility and legal use before installation or operation.
16.3 Professional installation is strongly recommended for technical/performance Products.
16.4 Where Products are installed by the Customer or a third party selected by the Customer, the Customer accepts full responsibility for correct installation and any resulting consequences, subject always to mandatory law.
17. Motorsport and Road Legality
17.1 Performance or racing Products may be intended for closed-course/off-road use only.
17.2 Road legality differs by jurisdiction. The Customer is solely responsible for checking and complying with local approval, registration, emissions, and safety laws.
17.3 TYGA Europe is not liable for fines, failed inspections, deregistration, seizure, or similar consequences due to unlawful use.
18. Limitation of Liability
18.1 Nothing in these Terms excludes or limits liability where exclusion is prohibited by mandatory law (including death or personal injury caused by negligence where applicable).
18.2 Subject to clause 18.1, TYGA Europe’s total liability arising from or related to an Agreement is limited to the amount paid by Customer for the relevant Product.
18.3 TYGA Europe is not liable for indirect or consequential loss, including loss of profit, data, goodwill, business interruption, expected savings, or third-party claims, unless mandatory law provides otherwise.
18.4 To the maximum extent permitted by law, TYGA Europe is not liable for installation or removal labour, workshop charges, transport costs, downtime, or third-party service costs.
18.5 Any claim must be brought within 12 months after the event giving rise to the claim, unless a longer period is required by mandatory law.
18.6 For Consumers, clause 18.5 does not limit mandatory conformity rights under applicable law (including at minimum 2 years for conformity defects under Directive 2019/771 where applicable). The 12-month limitation period applies to Business Customers only.
19. Intellectual Property
19.1 All intellectual property rights in Website content, photos, texts, manuals, trademarks, logos, and product data belong to TYGA Europe or its licensors.
19.2 No content may be copied, reproduced, published, or exploited commercially without prior written permission, except where mandatory law allows.
19.3 TYGA Europe takes reasonable steps to maintain Website integrity but does not warrant that the Website is free from all malware or harmful components. Use of the Website remains at the user’s own risk, to the maximum extent permitted by law.
20. Privacy and Cookies
20.1 TYGA Europe processes personal data in accordance with applicable privacy legislation and its Privacy Policy.
20.2 Use of cookies and similar technologies is governed by TYGA Europe’s Cookie Policy.
20.3 The latest versions of these policies are available on the Website.
21. Force Majeure
21.1 In Force Majeure situations, TYGA Europe may suspend obligations for the duration of the event.
21.2 If Force Majeure continues for more than 60 days, either party may terminate the affected part of the Agreement without liability for damages, subject to mandatory law.
22. Governing Law and Disputes
22.1 All Agreements and these Terms are governed by Dutch law.
22.2 For Consumers residing in the EEA, mandatory consumer protection provisions of their habitual country of residence remain applicable where required by law.
22.3 Disputes with Business Customers are submitted exclusively to the competent court in the district of Overijssel, location Zwolle, unless TYGA Europe elects another competent forum.
22.4 Nothing prevents TYGA Europe from seeking interim or injunctive relief in any competent court.
22.5 Consumers may also use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to resolve disputes out of court. TYGA Europe’s email address for ODR purposes is service@tygaeurope.com.
22.6 TYGA Europe will make reasonable efforts to resolve consumer complaints directly; consumers may contact us before initiating formal proceedings.
23. Contact
For questions regarding Orders, returns, warranty, withdrawal, or complaints, contact:
– TYGA Europe Customer Service
– Email: service@tygaeurope.com
– Phone: +31(0)6-51759897
– Address: Lankhorsterweg 13, 7951PM Staphorst, The Netherlands
Annex 1 – Model Withdrawal Form (Consumers)
(Complete and return this form only if you wish to withdraw from the Agreement)
To: TYGA Europe, Lankhorsterweg 13, 7951PM Staphorst, The Netherlands, service@tygaeurope.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
– Name/description of goods:
– Ordered on (*) / received on (*):
– Name of consumer(s):
– Address of consumer(s):
– Signature of consumer(s) (only if this form is submitted on paper):
– Date:
(*) Delete as appropriate.
Legal notice: This addendum is intended for business customers only and supplements Part A. In case of conflict, this addendum prevails for B2B transactions.
B1. Scope and Priority
B1.1 This B2B Addendum applies exclusively to agreements where the Customer acts in the exercise of a profession or business (“Business Customer”).
B1.2 This addendum supplements the TYGA Europe Terms & Conditions in Part A. In case of conflict, this addendum prevails for B2B transactions.
B1.3 Consumer protection provisions do not apply to Business Customers except where mandatory law explicitly requires otherwise.
B2. Professional Use and Customer Responsibility
B2.1 Products supplied by TYGA Europe are intended for professional and informed use.
B2.2 Business Customer is solely responsible for:
– product selection and specification checks;
– compatibility and fitment verification;
– legal and regulatory compliance in destination/use country;
– proper installation, commissioning, and maintenance.
B2.3 Installation and use are fully at the Business Customer’s risk.
B3. Inspection, Acceptance, and Complaint Deadlines
B3.1 Business Customer must inspect delivered Products immediately upon receipt.
B3.2 Visible defects, shortages, or transport damage must be reported in writing within 48 hours of delivery.
B3.3 Non-visible defects must be reported in writing within 7 calendar days after discovery and no later than 30 calendar days after delivery.
B3.4 If the above deadlines are missed, the Products are deemed accepted and all related claims lapse, to the extent permitted by law.
B4. Warranty Limitations (B2B)
B4.1 Except for mandatory law, Products are supplied without any implied warranties, including merchantability, fitness for a particular purpose, and uninterrupted performance.
B4.2 Any express warranty applies only if explicitly confirmed in writing by TYGA Europe.
B4.3 Warranty is excluded for defects or damage resulting from:
– incorrect installation, incorrect torque/assembly, or improper setup;
– misuse, abuse, neglect, accident, contamination, overheating, or poor maintenance;
– modification, tuning, adaptation, or repair not approved in writing;
– motorsport/racing/track use unless explicitly covered in writing;
– use with incompatible or third-party components.
B4.4 TYGA Europe has no liability for diagnostics, fitting, removal, workshop time, retuning, calibration, or transport associated with a warranty claim.
B5. Remedies and Return Authorisation
B5.1 TYGA Europe may, at its option, repair, replace, or credit the purchase price of the defective Product.
B5.2 The remedies in clause B5.1 are the Business Customer’s exclusive remedies.
B5.3 Return of Products requires prior written authorisation (RMA). Unauthorised returns may be refused.
B5.4 For accepted non-defective B2B returns, TYGA Europe may apply a restocking/handling fee of up to 10%, without prejudice to any mandatory legal rights.
B6. Exclusion of Consequential Loss
B6.1 To the maximum extent permitted by law, TYGA Europe is not liable for indirect, special, incidental, punitive, or consequential damages.
B6.2 Excluded losses include, without limitation:
– loss of profit, turnover, contracts, or business opportunities;
– downtime, workshop capacity loss, project delay penalties;
– third-party claims, recall costs, and reputational damage;
– dismantling/reassembly labour and transport/logistics costs.
B7. Liability Cap (B2B)
B7.1 TYGA Europe’s aggregate liability per event and per related series of events is limited to the net invoice value of the affected Product.
B7.2 TYGA Europe’s total aggregate liability in any rolling 12-month period is limited to the total net amounts paid by the Business Customer to TYGA Europe in that period.
B7.3 The foregoing limitations apply regardless of legal basis (contract, tort, strict liability, or otherwise), except where liability cannot be limited by mandatory law.
B8. Indemnity
B8.1 Business Customer indemnifies and holds TYGA Europe harmless against third-party claims arising from:
– installation, integration, or use of Products by or on behalf of Business Customer;
– non-compliance with local technical, emissions, or road-legality requirements;
– modifications or combinations not approved by TYGA Europe.
B9. Retention of Title
B9.1 Products remain TYGA Europe’s property until full payment of all amounts due under the relevant and connected B2B agreements.
B9.2 Business Customer shall keep unpaid Products separately identifiable and properly insured until title transfers.
B10. Payment, Set-Off, and Suspension
B10.1 All invoice amounts are payable strictly within the agreed term, without set-off, deduction, or suspension.
B10.2 In case of late payment, TYGA Europe may suspend deliveries, cancel open orders, and charge statutory commercial interest and collection costs.
B11. Export Control and Sanctions
B11.1 Business Customer warrants compliance with all applicable export control and sanctions laws.
B11.2 TYGA Europe may refuse, suspend, or cancel any order where sanctions/export risks exist, without liability.
B12. Termination
B12.1 TYGA Europe may terminate or suspend B2B agreements with immediate effect in case of material breach, insolvency risk, or sanctions/compliance concerns.
B13. Governing Law and Forum (B2B)
B13.1 This addendum is governed by Dutch law.
B13.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
B13.3 All disputes are submitted exclusively to the competent court in the district of Overijssel, location Zwolle, unless TYGA Europe chooses another competent forum.
B14. Contact
TYGA Europe (TYGA-Liberty v.o.f.)
Lankhorsterweg 13, 7951PM Staphorst, The Netherlands
KvK: 59737123
VAT: NL853624215B01
Email: service@tygaeurope.com
Tel: +31(0)6-51759897
Website: https://tygaeurope.com
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HIGH PERFORMANCE MOTORCYCLE PARTS
