The Terms and Conditions were last updated on 5 May 2021
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
5. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
6. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
8. Refund and Return policy
8.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third-party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.
You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website.
If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
8.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us or a person authorised by us to receive the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We will bear the cost of returning / collecting the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Please note that there are some legal exceptions to the right to withdraw, and some items can therefore not be returned or exchanged. We will let you know if this applies in your particular case.
9. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
10. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
11. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our products or services will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis;
- the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
14. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of The Netherlands.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
16. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
20. Entire agreement
21. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
22. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of The Netherlands. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of The Netherlands. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
23. Contact information
This website is owned and operated by Tyga Europe.
You may contact us regarding these Terms and Conditions through our contact page.
You can also download our Terms and Conditions as a PDF.
Terms and conditions
Please read these terms and conditions of use prior to placing your order. By placing an order with Tyga Europe you agree to the terms and conditions stated.
We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
We will not dispatch goods or put goods on back order until payment is received in full. This includes any bank transfer charges which are payable by the customer. Partial payment due to unpaid bank transfer charges will result in delay and further expense.
We have done our utmost to keep all prices and information on this web site up to date. However, occasionally information can change at short notice, so we reserve the right to alter specifications and prices on the website without notice. In the rare event that the price of an item ordered through the on-line shop has changed we shall endeavour to hold to the price shown at the time of ordering. However, in cases where there is a substantial increase or delay between making the order and payment received, or in case of an extreme difference in price as intended by TYGA Europe and price displayed on the website due to misprinting we shall contact you to agree to a new price before accepting payment. If you do not agree to the new price then we reserve the right to withdraw from the transaction.
If we make minor changes to the specifications of a product, we reserve the right to supply you with a product from stock, which has either received or not received that update. We will do our best to keep information up to date on specifications but there may be cases where a product is different in detail to that specification. All goods are subject to availability. If we do not supply the goods for any reason we will refund you the full amount. We will not be responsible for compensating you for any other losses, which you may suffer if we do not supply the goods.
Shipments will normally be shipped within one week of receiving payment if all items are in stock. For larger or more complex shipments such as those involving made to order parts, you will be informed of any delays.
We provide orders to be shipped using PostNL or DHL courier service. Our liability stops as soon as your shipment is handed over to any of these courier services.
Any claims for damaged, lost or non delivered goods must be taken up with the relevant courier company by the buyer. TYGA Performance cannot be held responsible, and are unable to process any claims on your behalf.
All goods are subject to availability. If we do not ship the goods for any reason we will refund you the full amount. We will not be responsible for compensating you for any other losses, which you may suffer if we do not supply the goods.
We will endeavour to deliver goods within the timescale agreed with you at the time of ordering but sometimes there can be a delay in delivery of the goods, which can be out of our control. Any dates we specify for the delivery of goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods.
We shall inform you of any substantial delay and seek to agree a new delivery date with you. If we cannot agree on a new delivery date then you will have the option to cancel the order and receive a full refund. However, if an item is being specially manufactured for you and manufacture has commenced, we reserve the right to refuse a refund if we would not be able to sell the item within a reasonable time..
We retain the right to cancel any order at any time. If payment has been made, we aim to provide a full refund within 7 days.
Stock ranges on this website may be changed or amended at any time, without prior notice. If you have paid for a product which we no longer stock, you will be given a full refund, which should be given within 7 days.
Order processing and shipping
Any order cancelled by the customer after order confirmation has been completed will incur a handling and restocking surcharge of 10% of the total parts order.
Shipments will normally be shipped within one week of receiving payment if all items are in stock. For larger or more complex shipments such as those involving made to order parts or paintwork this may take longer and we request your patience. If you would prefer not to wait and are impatient, we’d prefer you did not place the order. We will always try our best to get an order to you in a timely way but sometimes delays, beyond our control or due to high workload do occur. If you are working to a deadline, please inform us at the time of placing an order. We cannot be held liable for missing a deadline unless we have been informed of the deadline and agreed to deliver to it.
We offer 2 shipping methods, PostNL and DHL. Both have tracking options.
Our liability stops as soon as your shipment is handed over to any of these courier services.
The buyer must take up any claims for damaged, lost or non-delivered goods with the relevant courier company. TYGA Europe cannot be held responsible, and are unable to process any claims on your behalf.
All new OEM Honda items should be free of any defects and if you receive them in less than perfect condition, please inform us immediately.
All HRC, VHM and Tyga Performance parts are designed and manufactured for competition use only and are sold ‘as-is without warranty’. The entire risk as to quality and performance is with the buyer.
We assume no responsibility for misuse or incorrect application by the user.
We will not accept responsibility for any fitting costs involved in warranty items.
We aim to ensure that all information on our web site is correct. However, we cannot be responsible for the use of the information given. If during the shopping process you encounter any uncertainties regarding your desired product please contact us before ordering. We cannot be held liable for misuse or incorrect application by the user.
If you wish to return products you can contact us at email@example.com. Please let us know the order number, and your reason for return.
• We will not accept returns for orders older than 14 days after delivery.
• We will look at any request regarding returns separately and will notify you of your possibilities.
• We will only accept returns when the following conditions are met:
– is packed in it’s original packaging
– is not damaged
– has not been used other then for small scale testing. Any product that has been used for outdoor testing on a larger scale will be refused do to wear
– is in new condition
• We will not accept returns on used products.
We will transfer the refund after we have received the products in good condition. The refund includes the shipping costs as payed by TYGA Europe. Shippingcosts for returns will not be refunded.
Refunds will be transferred within 30 days on the same credit card / bankaccount that was used for payment.
We are committed to protecting your privacy. We only use the information we collect about you lawfully. We collect information from you when you place an order with us and from any emails we receive.
None of your details are passed on to any third party. The personal information, which we hold, will be held securely in accordance with the law. If you have any queries regarding the information we hold about you please send an email to us.
We process personal information for the purposes of:
• Providing a better service
• Processing orders
• Providing you with information about products and services we offer
To our knowledge, no viruses are present on any Tyga Europe web servers, but in the unlikely event that a virus is present, we cannot be responsible for the effects. Use of this web site is at the users risk and discretion.
All information on this web site is copyright of Tyga Europe unless stated otherwise.
These terms and conditions do not affect your statutory rights as a consumer.