RUANOVA PERFORMANCE

General Terms and Conditions of Sale

High-performance spare parts and competition components · International distance sales

1.1. These General Terms and Conditions of Sale govern all contractual relationships arising from orders placed through the website www.ruanovaperformance.com, as well as orders placed by e-mail, telephone or any other channel made available by Ruanova Performance.

1.2. Definitions. For the purposes of these Terms:

–     Website: the website accessible at www.ruanovaperformance.com, including its language versions and subdomains.

–     Customer: any natural or legal person who places an order through the Website or any other channel made available by Ruanova Performance.

–     Product: any good offered by Ruanova Performance on the Website.

–     Competition Fuel: the fuels and additives classified as dangerous goods under the ADR Agreement, specifically governed by Article 9 of these Terms.

1.3. Single regime. Ruanova Performance applies the same terms to all its Customers, without distinguishing between private individuals, workshops, tuners or teams. All rights and procedures provided for in this document are available to every Customer, with the only differences being those set out in Article 7 for Customers acting in the course of a professional activity.

2.1. Placing an order implies full and unreserved acceptance of the Terms in force at the time of its confirmation. The Customer declares that they have read, understood and accepted them by ticking the box provided for that purpose before completing the purchase.

2.2. The information contained on the Website constitutes an invitation to contract. The contract is concluded when Ruanova Performance sends the Customer the order confirmation by e-mail.

2.3. Ruanova Performance reserves the right not to accept an order, with a full refund of any amount paid, where any of the following circumstances arise: unavailability of the Product, a manifest error in the price or description, impossibility of supply to the destination country due to legal or logistical restrictions, well-founded suspicion of fraud, or failure by the Customer to meet the age or qualification requirements applicable to certain Products.

2.4. The Terms accepted at the time of the order will be archived and may be requested at any time from sales@ruanovaperformance.com.

3.1. Currency. Prices are set in euros (€). Where the Website allows amounts to be viewed in other currencies, the conversion is for information purposes only and depends on the exchange rate in force at any given time, as well as any fees applied by the issuer of the Customer's means of payment.

3.2. Taxes. The prices shown on the Website are displayed exclusive of VAT and any other taxes. The total amount of the order, with shipping costs itemised, is shown to the Customer before final confirmation of the purchase. Orders destined for outside the customs and fiscal territory of the European Union, as well as those destined for the Canary Islands, Ceuta and Melilla, do not attract VAT, as they constitute exports or deliveries to territories excluded from the scope of the tax.

3.3. Customs duties and import taxes. Unless expressly stated otherwise during the purchase process (for example, through a DDP service), customs duties, import taxes and handling charges applicable in the destination country are borne by the Customer and are not included in the price or in the shipping costs.

3.4. Price variations. Ruanova Performance may modify its prices at any time in line with changes in the cost of materials, suppliers or manufacturing. No modification will ever affect orders already confirmed, which will be fulfilled at the price accepted by the Customer.

3.5. Manifest errors. In the event of an obvious typographical or technical error in a published price, Ruanova Performance will inform the Customer as soon as possible and the Customer may choose between confirming the order at the correct price or cancelling it with a full refund.

4.1. The accepted means of payment are detailed on the Website. All transactions are processed through payment service providers certified under the PCI-DSS standard. Ruanova Performance never stores complete payment card details.

4.2. Retention of title. The Products supplied remain the property of Ruanova Performance until full and effective payment of the total price, including taxes and shipping costs. The transfer of risk is, however, governed by Article 5.5 of these Terms.

5.1. Coverage. Ruanova Performance ships worldwide, subject to the legal, customs and dangerous-goods transport restrictions described in Article 9.

5.2. Shipping costs. These are calculated automatically at checkout on the basis of destination, selected service, weight, volume and zone. They include handling, packaging and transport, and are shown itemised before payment.

5.3. Delivery times. The times indicated are estimates expressed in business days and start to run from confirmation of payment. For Products not in stock, the estimated time is indicated on the Product page.

5.4. Maximum delivery period. Unless expressly agreed otherwise, Ruanova Performance will deliver the Products within a maximum of thirty (30) calendar days from the conclusion of the contract. In the event of failure to do so, the Customer may require delivery within a reasonable additional period and, if delivery still does not take place, terminate the contract with a full refund.

5.5. Transfer of risk. The risk of loss of or damage to the Products passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier proposed by Ruanova Performance, acquires physical possession of the Products. Consequently, any damage occurring during transport arranged through the Website is borne by Ruanova Performance.

5.6. Checking on delivery. The Customer is strongly advised to check the condition of the packaging in the presence of the courier and to record any visible damage in writing on the delivery note. In any event, the Customer must notify Ruanova Performance of any transport incident within forty-eight (48) hours of receipt, attaching photographs of the outer packaging, the labelling and the contents. This notification enables the claim to be processed with the carrier and its insurer, and does not limit the Customer's legal rights.

5.7. Environmental commitment. Ruanova Performance prioritises the use of recycled or reused packaging in its shipments and supports environmental conservation and social development projects.

6.1. The Products marketed by Ruanova Performance are intended exclusively for use in competition, on closed circuits, on test benches or in industrial applications not approved for public roads. Unless expressly and verifiably stated on the Product page, they are not type-approved for installation or use on vehicles driven on roads open to traffic.

6.2. It is the Customer's sole responsibility to verify, before purchase, that the intended use is lawful under the traffic, environmental and type-approval regulations in force in their country, as well as the Product's compliance with the technical regulations of the racing category in which they intend to compete.

6.3. Installation must be carried out by technically qualified personnel and in accordance with the manufacturer's instructions. Ruanova Performance accepts no liability arising from incorrect installation, set-up or use.

7.1. No commercial guarantee. Ruanova Performance does not grant any commercial guarantee whatsoever on the Products. Its liability is limited to manufacturing or material defects already existing at the time of delivery, under the terms of this Article.

7.2. Mandatory verification before installation. The Customer must examine the Product immediately upon receipt and, in any event, before installation: checking the reference, a full visual inspection and, where appropriate, dimensional verification. Any defect, damage, reference error or non-conformity with the order that can be detected in that examination must be reported before installation and within fourteen (14) calendar days of receipt, using the procedure set out in clause 7.7. Once the issue is confirmed, Ruanova Performance will replace the Product or refund its full price, bearing all costs, including transport.

7.3. Effect of installation. Installation of the Product constitutes acceptance of its reference, apparent condition and conformity with the order. From the moment of installation, claims may only be made in the case provided for in clause 7.6, and any other claim is excluded.

7.4. No durability commitment. Ruanova Performance does not guarantee any particular service life, durability, mileage or performance of any Product. The lifespan of a competition component depends on variables beyond Ruanova Performance's control: engine build, engine speed, boost pressure, operating temperatures, fuel, settings, driving style and maintenance. Consequently, wear, fatigue or failure of a Product during use does not constitute a defect or a lack of conformity, and the fact that a Product has not reached a given lifespan, mileage or number of events gives no right to any claim, unless the Product page expressly states a specific duration.

7.5. Exclusions. The following will in no case be considered a defect: a) normal wear or the accelerated wear inherent to competition use; b) damage resulting from accident, over-revving, detonation, overboost, overheating, lack or loss of lubrication, ingestion of foreign objects or loss of coolant; c) damage resulting from incorrect installation, calibration, maintenance or repair, or from work carried out by unqualified personnel; d) damage resulting from modification of the Product or from its use with fluids, fuels, components or parameters other than those specified; e) defects expressly disclosed before purchase, as well as Products sold as display, second-hand or clearance items.

7.6. Hidden manufacturing defects. The foregoing does not exclude the liability that mandatory law grants to a Customer acting as a consumer for manufacturing or material defects already existing at delivery and not detectable in the verification under clause 7.2. Any claim made after installation will require the Customer to prove with documentary evidence: a) installation by technically qualified personnel in accordance with the manufacturer's instructions; b) use of the Product within the specified parameters; and c) by means of a technical report or technical evidence, that the failure originates from a manufacturing or material defect present at delivery, and not from use, installation or set-up. The legal presumption that the defect pre-existed will not apply where it is incompatible with the nature of the Product or with the type of failure, as is typically the case with components subjected to competition use. In respect of Customers acting in the course of a professional activity (workshops, tuners, teams, resellers), Ruanova Performance's liability is limited exclusively to that provided for in clause 7.2.

7.7. Claims procedure (RMA).

7.7.1. Any claim for a defect or incident must be sent to sales@ruanovaperformance.com, stating: the name and e-mail address used for the order, the order number and date, the Product reference, a detailed description of the issue and photographic or video evidence supporting it.

7.7.2. Ruanova Performance will acknowledge receipt within a maximum of two (2) business days and will issue a return authorisation (RMA) with shipping instructions. No returns will be accepted without a prior RMA.

7.7.3. Once the issue or defect has been confirmed by Ruanova Performance's technical department or by the relevant manufacturer, the matter will be handled in accordance with clause 7.2 or 7.6, as applicable, with Ruanova Performance bearing all costs.

7.8. Manufacturer's warranty. Where a manufacturer grants its own commercial guarantee on its product, its terms, duration and territorial scope are set out in the documentation accompanying the product and are exercised directly against that manufacturer.

8.1. Period. The Customer has fourteen (14) calendar days to withdraw from the contract without giving any reason, under the conditions set out in this Article. The period starts to run from the day on which the Customer, or a third party designated by the Customer, acquires physical possession of the last Product in the order.

8.2. Exercise. To exercise the right of withdrawal, it is sufficient to communicate the decision unequivocally to sales@ruanovaperformance.com before the period expires. The model withdrawal form in Annex I may be used, although its use is not compulsory.

8.3. Return of the Products. The Customer must send back the Products without undue delay and, in any event, within fourteen (14) calendar days of communicating the withdrawal. The direct cost of returning the Products is borne by the Customer, unless the Product is defective or does not correspond to what was ordered.

8.4. Refund. Ruanova Performance will refund the payments received, including the standard delivery costs of the initial shipment, without undue delay and, in any event, within fourteen (14) calendar days of the date on which it is informed of the withdrawal, after deducting the restocking fee provided for in clause 8.6 and, where applicable, the additional diminished value provided for in clause 8.5. The refund may be withheld until the Products have been received or until the Customer provides proof of having sent them back. If the Customer chose a delivery method more expensive than the standard one, the refund will be limited to the cost of the standard method.

8.5. Diminished value. The Customer may handle the Products only to the extent necessary to establish their nature, characteristics and functioning, in the same way as they would in a physical shop. The Customer is liable for any diminished value resulting from handling beyond that, including installation of the Product on a vehicle, starting it up, removal of seals or traceability labels, or deterioration of the manufacturer's original packaging.

8.6. Restocking fee. A restocking fee of ten per cent (10%) will be applied to the price of the returned Product, as standardised compensation for the costs of technical inspection, verification of serial numbers and traceability, reconditioning, repackaging and return to stock, as well as for the loss of value that a competition component suffers once it leaves the distribution chain. Where, in addition, the Product shows a greater diminished value resulting from handling beyond what is necessary under clause 8.5 — in particular installation, starting up, removal of seals or traceability labels, or deterioration of the manufacturer's original packaging — Ruanova Performance may additionally deduct the amount of that diminished value, determined after technical inspection of the Product and communicated to the Customer in a reasoned, itemised manner.

This fee and these deductions will not apply in any case where the return is due to a lack of conformity, a manufacturing defect, an error in the Product supplied, damage occurring during transport or a breach by Ruanova Performance. In such cases the refund will be made in full and all costs, including transport, will be borne by Ruanova Performance.

8.7. Statutory exceptions to the right of withdrawal. In accordance with Article 6:230p of the Dutch Civil Code (BW), the right of withdrawal does not apply, among others, to:

a) Competition Fuels and other Class 3 dangerous goods, under the terms and for the reasons set out in Article 9 of these Terms;

b) Products manufactured or modified to the Customer's specifications or clearly personalised (custom machining, made-to-measure manifolds, exhausts manufactured to order, maps or electronic calibrations specific to a vehicle);

c) Products which, for health protection or safety reasons, are supplied sealed and whose seal has been removed after delivery;

d) Products which, after delivery and by their nature, have become inseparably mixed with other goods;

e) Digital content and calibration files supplied on a non-tangible medium, once their download or transmission has begun with the Customer's prior express consent and acknowledgement that they thereby lose the right of withdrawal.

9.1. Nature and classification of the Product

The Competition Fuels marketed by Ruanova Performance are classified as Class 3 dangerous goods (flammable liquids), UN number 1203, packing group II, in accordance with the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).

They are supplied exclusively in UN-approved containers, factory-sealed by the manufacturer, and accompanied by their Safety Data Sheet and, where issued by the manufacturer, their batch certificate of analysis.

9.2. Conditions of supply

9.2.1. The sale of Competition Fuels is restricted to persons over eighteen (18) years of age. Ruanova Performance may additionally restrict certain references to trade professionals and request documentary evidence before dispatching the order.

9.2.2. Competition Fuels are shipped by road only, using carriers authorised under the ADR, and exclusively to the destinations expressly enabled during the purchase process. Air transport and certain island or non-EU destinations are excluded by mandatory regulation.

9.2.3. The Customer is solely responsible for storing, handling and disposing of the Fuel in accordance with the safety, fire-prevention and environmental regulations applicable in their jurisdiction, as well as for compliance with the technical regulations of the competition in which they intend to use it.

9.3. Exclusion of returns and of the right of withdrawal

Competition Fuels cannot be returned, exchanged, withdrawn from or refunded once the order has been dispatched.

This exclusion is not a commercial decision by Ruanova Performance, but the result of four objective, verifiable circumstances that make returns legally impossible and technically inadvisable:

a) Legal impossibility of return transport.

The transport of Class 3 flammable liquids may only be carried out by registered consignors, with UN-approved packaging, transport documentation, standardised labelling, a dangerous goods safety adviser and personnel trained in accordance with the ADR. A private individual cannot lawfully hand fuel over to a parcel service, and the general terms of the main logistics operators expressly prohibit its acceptance. A return is therefore not materially feasible without breaching dangerous goods transport regulations and without endangering delivery personnel and third parties.

b) Batch integrity and traceability.

Each container leaves the factory sealed and linked to a batch with a certified specification: density, RON and MON octane ratings, oxygen content, vapour pressure and composition. The original seal is the only objective proof that the contents correspond exactly to that specification. From the moment a container leaves our chain of custody, Ruanova Performance loses the ability to certify its composition and cannot rule out dilution, cross-contamination or adulteration, even unintentional.

Returning to stock a product whose composition cannot be guaranteed would transfer that risk to the next customer in the form of detonation, structural engine damage or exclusion at scrutineering: racing federations and organisers take fuel samples and penalise with disqualification any deviation from the permitted specification (see, among others, Appendix J to the FIA International Sporting Code, Article 252.9, in conjunction with Article 266).

c) Expiry and degradation beyond our control.

Competition Fuels have a limited, determinable shelf life. Oxygenated blends degrade appreciably within approximately six to twelve months even in sealed containers, and within a few months once opened, through oxidation, loss of light fractions, absorption of atmospheric moisture and phase separation. Their preservation depends entirely on conditions — temperature, exposure to sunlight, container tightness and cleanliness — that are beyond Ruanova Performance's control from the moment of delivery.

d) Irreversible mixing.

By its very physical nature, the Fuel mixes inseparably with other substances as soon as it is decanted into a tank, drum or fuel system, with no possibility of separation or of restoration to its original state.

9.4. Legal basis

The exclusion provided for in clause 9.3 is based on Article 6:230p(f), sub-paragraphs 2, 3 and 4, of the Dutch Civil Code (BW) — which transposes Article 16(d), (e) and (f) of Directive 2011/83/EU into national law — relating, respectively, to goods liable to expire or with a limited shelf life, to sealed goods which are not suitable for return for health protection or safety reasons and whose seal has been removed after delivery, and to goods which become inseparably mixed with other items after delivery.

9.5. What Ruanova Performance does cover: integrity commitment

The counterpart to this exclusion is a reinforced quality commitment. Ruanova Performance never returns to stock fuel that has left its chain of custody. The container delivered comes directly from the manufacturer and has never previously been in the hands of any other customer.

Ruanova Performance fully covers the following incidents, by replacing the Product at no cost to the Customer:

–     Leaking container.

–     Original seal broken, missing or tampered with at the time of delivery.

–     Reference, specification, octane rating or volume different from those ordered.

Claims procedure: the above incidents must be reported to sales@ruanovaperformance.com within 48 hours of delivery, attaching photographs of the outer packaging, the ADR labelling and the seal, without handling or decanting the contents. Ruanova Performance will take care of the entire process, including collection by an authorised carrier.

10.1. In addition to the right of withdrawal governed by Article 8, which is exercised under the terms and conditions set out therein, Ruanova Performance offers the possibility of returning Products between day 15 and day 30 after delivery.

10.2. This commercial facility is subject to the following cumulative conditions:

a) The Product must have been purchased directly from Ruanova Performance.

b) It must be returned complete, uninstalled, unused, unmodified and undamaged, in the manufacturer's original packaging in perfect condition, with all its seals, labels and documentation.

c) A prior return authorisation (RMA) is required.

d) The shipping costs of the return are borne by the Customer, and the shipping costs of the original delivery are not refunded.

e) A restocking fee of twenty-five per cent (25%) of the Product price will be applied, to cover the costs of technical inspection, reconditioning, repackaging and return to stock.

10.3. No voluntary commercial returns will be accepted more than thirty (30) calendar days after delivery.

10.4. The Products listed in Article 8.7, including in all cases Competition Fuels, are excluded from this commercial facility.

10.5. Summary table of restocking fees.

11.1. Ruanova Performance will be liable for damage legally attributable to it under European Union law.

11.2. Without prejudice to the foregoing, Ruanova Performance will not be liable for:

a) Damage resulting from incorrect installation, calibration, maintenance or use of the Products, or from work carried out by unqualified personnel.

b) Damage resulting from the use of the Products in conditions other than those for which they were designed, or in combination with incompatible components or fluids.

c) The legal, administrative or sporting consequences of using Products not type-approved on roads open to traffic, or Products contrary to the technical regulations of a competition.

d) Loss of profit, loss of sporting opportunity, or indirect or consequential damage.

11.3. Quantitative cap. Ruanova Performance's total liability towards the Customer, on any basis and in any event, is limited to the amount actually paid for the Product giving rise to the claim.

11.4. Mandatory limits. The limitations provided for in this Article will not apply in cases of wilful misconduct or gross negligence by Ruanova Performance, in the event of death or personal injury, or where mandatory law — in particular the product liability regime of Articles 6:185 et seq. of the Dutch Civil Code (BW) — precludes their exclusion or limitation. Nor will they affect the Customer's mandatory legal rights.

11.5. Force majeure. Ruanova Performance will not be liable for any failure to perform or delay caused by circumstances beyond its reasonable control, including natural disasters, armed conflicts, strikes, government restrictions, border closures, cyber-attacks or prolonged supply interruptions affecting its manufacturers.

12.1. Purposes and legal bases. The Customer's personal data are processed in accordance with Regulation (EU) 2016/679 (GDPR), on the following legal bases:

12.2. Retention. Data will be kept for the duration of the commercial relationship and, thereafter, for the applicable statutory limitation periods, in particular the seven (7) years required by Dutch tax law.

12.3. Recipients. Data may be disclosed to carriers, payment service providers, technology platforms and customs authorities, solely to the extent necessary for the performance of the contract.

12.4. Rights. The Customer may exercise their rights of access, rectification, erasure, objection, restriction of processing, portability and withdrawal of consent by contacting sales@ruanovaperformance.com. Withdrawal of consent is free of charge and does not affect the lawfulness of prior processing.

12.5. Complaints. The Customer has the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, www.autoriteitpersoonsgegevens.nl) or with the supervisory authority of their country of residence.

12.6. Further information is available in the Privacy Policy and the Cookie Policy on the Website.

13.1. All intellectual and industrial property rights in the Website — including its source code, design, navigation structure, databases, texts, photographs, videos, trade marks and logos — are owned by Ruanova Performance or by third parties who have authorised their use, and are protected under European Union law.

13.2. The reproduction, distribution, public communication, transformation or substantial extraction, in whole or in part, of the contents of the Website without the prior written authorisation of Ruanova Performance is prohibited.

13.3. The manufacturers' trade marks displayed on the Website belong to their respective owners and are used exclusively for descriptive and informational purposes, without implying any association, sponsorship or representation.

14.1. The Customer undertakes to use the Website lawfully and diligently, refraining from using it for fraudulent purposes or purposes linked to unlawful activities.

14.2. It is prohibited to transmit illegal, offensive, defamatory, obscene or threatening content; to infringe third-party intellectual property rights, trade marks, confidentiality or privacy; to introduce malicious code; to send unsolicited mass mailings or unauthorised advertising; or to use automated bulk data extraction techniques (scraping) without express authorisation.

14.3. Ruanova Performance may suspend or cancel the access of any user who breaches this Article.

15.1. These Terms and any contract concluded under them are governed by European Union law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980).

15.2. Safeguard. The choice of law in the previous clause will not deprive the Customer of the protection afforded by the mandatory provisions of the law of their country of habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008.

15.3. Jurisdiction. The courts of Rotterdam, the Netherlands, will have jurisdiction over any dispute, without prejudice to any mandatory forums applicable to the Customer under Regulation (EU) No 1215/2012.

16.1. Amendments. Ruanova Performance may amend these Terms. The version applicable to each contract will be the one in force and accepted at the time of order confirmation; subsequent amendments will have no retroactive effect.

16.2. Partial invalidity. A declaration that any clause is void or ineffective will not affect the validity of the remainder, which will remain in force. The affected clause will be replaced by a valid one whose effect comes as close as possible to that originally intended.

16.3. Entire agreement. These Terms, together with the order confirmation and the Website policies to which they refer, constitute the entire agreement between the parties.

16.4. Language. These Terms are published in English and Spanish. In the event of any interpretative discrepancy, the English version will prevail.

(Complete and return this form only if you wish to withdraw from the contract.)

To the attention of Ruanova Performance, sales@ruanovaperformance.com

I hereby give notice that I withdraw from my contract of sale of the following goods:

Product(s): _______________________________________

Order number: __________________________________

Date of order / date of receipt: ______________

Name of consumer: ______________________________

Address of consumer: ___________________________

Date: ______________________________________________

Signature (only if this form is notified on paper): _______________