Terms of service
BRKMN, trading as Valvetronic Designs Europe
De Korenaar 9, 3894 GN Zeewolde
Chamber of Commerce (KVK) 42125258 · VAT (BTW) NL005517069B73 · info@valvetronic-europe.com
Version October 2026. Applicable to all sales through the online shop valvetronic-europe.com.
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1.1 Seller: BRKMN, trading as Valvetronic Designs Europe, established at De Korenaar 9, 3894 GN Zeewolde, registered with the Kamer van Koophandel, the Dutch chamber of commerce, under number 42125258, hereinafter: “BRKMN”.
1.2 Buyer: any natural person or legal entity that enters into an agreement with BRKMN or is negotiating to do so.
1.3 Consumer: a Buyer, being a natural person, who is not acting in the course of a profession or business.
1.4 Business Buyer: a Buyer who is acting in the course of a profession or business.
1.5 Products: exhaust systems, parts, accessories and other goods that BRKMN offers through the online shop or otherwise.
1.6 Distance agreement: an agreement concluded between BRKMN and a Consumer within the framework of an organised system for distance selling, including the online shop, without the simultaneous physical presence of the parties.
1.7 Right of withdrawal: the option for the Consumer to cancel the Distance agreement within the cooling-off period.
Article 2 - Applicability
2.1 These terms apply to all offers, quotations, agreements and deliveries of BRKMN, unless agreed otherwise in writing.
2.2 Deviations from these terms are valid only if they have been agreed in writing, and apply solely to the agreement concerned.
2.3 The applicability of any general or purchasing conditions of a Business Buyer is expressly rejected.
2.4 If a provision of these terms is void or is annulled, the remaining provisions remain in full force. The parties will consult in order to agree a replacement provision that comes as close as possible to the purport of the original provision.
2.5 Provisions that by their nature are intended to apply solely to Consumers, including article 8 on the right of withdrawal, do not apply to Business Buyers.
Article 3 - Offers and quotations
3.1 All offers and quotations are without obligation, unless a period for acceptance is stated. A quotation is valid for a maximum of 14 days, unless indicated otherwise.
3.2 Obvious mistakes or slips, including calculation, typing, transcription and programming errors, in quotations, order confirmations, invoices, price lists, advertisements or the online shop do not bind BRKMN. The Buyer cannot derive any rights from them if he could or should reasonably have understood that a mistake was involved, for example because the price stated differs considerably from the usual market price of the Product concerned.
3.3 BRKMN is entitled to correct such errors once discovered and to make the Buyer a corrected offer. In that case the Buyer is entitled to cancel the agreement free of charge if he does not accept the corrected offer; amounts already paid are then refunded within 14 days.
3.4 Images, specifications, weights, figures for weight saving and sound level, chassis codes, model years and other Product data are presented as accurately as possible, but are indicative and do not bind BRKMN on minor points that do not materially detract from the item purchased.
Article 4 - Formation of the agreement
4.1 The agreement is formed by the Buyer's acceptance of the offer and written confirmation by BRKMN, including by email, or by BRKMN having started performance.
4.2 For orders through the online shop, the agreement is formed at the moment BRKMN has confirmed the order by email. As long as receipt of the acceptance has not been confirmed, the Consumer may cancel the agreement.
4.3 BRKMN may, within the limits of the law, inform itself as to whether the Buyer is able to meet his payment obligations. BRKMN is entitled to refuse an order or request, or to attach special conditions to it, stating reasons.
4.4 Agreements may also be formed electronically. An electronic signature, including signing through a signature service, as well as express agreement by email or chat message, including WhatsApp, to a quotation or order confirmation sent by BRKMN, counts between the parties as legally valid acceptance and has the same evidential value as a handwritten signature. The Buyer warrants that the email address or telephone number used belongs to him.
4.5 Where the agreement is formed electronically, these terms and conditions are provided to the Buyer electronically as a storable file before or on conclusion of the agreement.
Article 5 - Prices and payment
5.1 All prices for Consumers include VAT and exclude shipping costs, unless stated otherwise. For Business Buyers, prices may be stated excluding VAT; this is then indicated.
5.2 Orders through the online shop are paid in advance by the payment methods offered, unless indicated otherwise.
5.3 For Products ordered specially from the manufacturer at the Buyer's request or built to measure, the following applies: Business Buyers pay the purchase price in full in advance; Consumers pay at least 50% of the purchase price when placing the order and the remainder before shipment at the latest. BRKMN is not obliged to order a Product from the manufacturer before the advance payment due has been received in full.
5.4 In the event of late payment, the Buyer is in default by operation of law. A Consumer first receives a free payment reminder with a period of 14 days. After default, Dutch statutory interest (wettelijke rente) is due and extrajudicial collection costs may be charged in accordance with the Wet normering buitengerechtelijke incassokosten, the Dutch act that caps those costs. For Business Buyers, Dutch statutory commercial interest (wettelijke handelsrente) applies, together with reimbursement of the actual collection costs with a minimum of 15% of the principal sum.
5.5 As long as payment has not been made in full, BRKMN is entitled to suspend delivery.
Article 6 - Delivery, delivery time and risk
6.1 Delivery and shipping dates stated are indicative and do not count as a strict deadline, unless expressly agreed otherwise in writing. If a date is exceeded, the Buyer must give BRKMN written notice of default and allow a reasonable further period.
6.2 Products are shipped to the address specified by the Buyer, or can be collected by appointment.
6.3 For Consumers, the risk of damage or loss passes at the moment of delivery to the Consumer or to a third party designated by the Consumer. For Business Buyers, the risk passes at the moment of shipment or of the item purchased being placed at their disposal.
6.4 If the Buyer does not take delivery of a Product notified as ready for collection within 14 days, BRKMN is entitled to charge storage costs and/or to cancel the agreement, without prejudice to its right to compensation.
6.5 The delivery time for stock products is 30 days at most. For Products built to order at the factory, the longer delivery time stated with the Product or in the order confirmation applies, which is thereby expressly agreed with the Consumer. If the agreed period is exceeded, the Consumer has the right to cancel the agreement free of charge; amounts already paid are refunded within 14 days.
Article 7 - Retention of title
7.1 All goods delivered remain the property of BRKMN until the Buyer has fulfilled all obligations under the agreement, including payment of the purchase price in full.
7.2 As long as title has not passed, the Buyer is not permitted to dispose of, pledge or otherwise encumber the item purchased.
7.3 BRKMN is entitled to take back goods delivered under retention of title if the Buyer is in default. For that purpose the Buyer hereby already grants access to the place where the item purchased is located.
Article 8 - Right of withdrawal online shop (Consumers only)
8.1 When purchasing Products through the online shop, the Consumer has the right to cancel the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the Product or, where several Products form part of one order, has received the last Product.
8.2 During the cooling-off period the Consumer handles the Product and the packaging with care. He unpacks or uses the Product only to the extent needed to establish its nature, characteristics and operation, as he would be allowed to do in a shop. Trial-fitting an exhaust system to a vehicle does not fall within that assessment. The Consumer is liable for any reduction in value resulting from use beyond that.
8.3 The Consumer may exercise the right of withdrawal by sending BRKMN an unambiguous statement within the cooling-off period, for example by email to info@valvetronic-europe.com, or the model withdrawal form. BRKMN confirms receipt of a withdrawal without delay on a durable medium. The Consumer then returns the Product within 14 days, complete, with all accessories supplied and, where reasonably possible, in its original condition and packaging.
8.4 The direct cost of the return shipment is for the Consumer's account.
8.5 BRKMN reimburses all payments received from the Consumer, including the original shipping costs of the outbound shipment up to the rate for standard delivery at most, within 14 days of the day of receipt of the withdrawal statement. BRKMN may wait to refund until the Product has been received back or the Consumer demonstrates that it has been shipped.
8.6 The following are excluded from the right of withdrawal, provided this was clearly stated before conclusion of the agreement: (a) Products made to the Consumer's specifications or unmistakably built to measure for a specific vehicle; (b) Products that after delivery have by their nature been irreversibly mixed or assembled with other items, including parts that have already been built in or that have been sawn, welded or drilled; (c) electrical and electronic parts, including valve motors and control modules, whose seal or protective film has been broken, in so far as permitted by law.
8.7 The right of withdrawal does not apply to Business Buyers.
Article 9 - Conformity and warranty
9.1 BRKMN warrants that what is delivered conforms to the agreement and meets the specifications stated in the offer, the reasonable requirements of soundness and usability, and the statutory provisions and government regulations in force on the date the agreement is formed.
9.2 For Consumers, the statutory rights in the event of non-conformity under Book 7 of the Dutch Burgerlijk Wetboek (Civil Code) apply in full. An additional warranty given by BRKMN or by a manufacturer does not affect them. If a defect comes to light within one year of delivery, it is legally presumed that the item purchased already failed to conform to the agreement at delivery, unless BRKMN proves otherwise or that presumption is incompatible with the nature of the item purchased or of the defect.
9.3 In addition, the manufacturer's warranty as stated with the Product applies to the Products. Normal wear and wear parts are not covered by that warranty, including gaskets, clamps, muffler packing material and discolouration of titanium or stainless steel caused by heat. This does not affect the Consumer's statutory rights.
9.4 Any claim under the additional warranty lapses if: (a) defects are the result of improper or inappropriate use or of overloading; (b) the Product has been modified, shortened, welded or otherwise altered without the prior consent of BRKMN; (c) installation has not been carried out in accordance with the manufacturer's documentation supplied; (d) a prescribed break-in procedure has demonstrably not been followed. This paragraph does not affect the statutory rights of Consumers.
9.5 The Buyer reports visible transport damage or an incomplete delivery within 5 working days of receipt, with photographs of the Product and the packaging.
9.6 For Business Buyers, unless agreed otherwise in writing, complaints must be reported in writing within 8 days of delivery or within 8 days of discovery of a non-visible defect, failing which any claim lapses.
Article 10 - Specially ordered Products and bespoke work
10.1 Products ordered specially from the manufacturer at the Buyer's request or built to measure for the Buyer's vehicle cannot be cancelled or returned once ordered; if the Buyer cancels, the full purchase price remains payable.
10.2 If BRKMN can return the Product to the manufacturer at reasonable cost, the purchase price is refunded less the actual return and handling costs.
10.3 This article does not apply in so far as a Consumer has a statutory right of withdrawal under article 8 in respect of a Distance agreement; in that case the return costs are for the Consumer's account and any reduction in value may be set off.
Article 11 - Installation, use and homologation
11.1 BRKMN is an online shop and does not carry out installation itself. Installation is done by the Buyer or by a workshop chosen by the Buyer. Installation documentation supplied or made available through the website comes from the manufacturer and serves as an aid.
11.2 Figures for weight saving, sound level, power and torque are indicative. The result actually achieved also depends on the state and condition of the vehicle, the version chosen, other modifications to the vehicle and the measuring method used. In this respect BRKMN has an obligation to use its best efforts and not an obligation to achieve a result.
11.3 Unless expressly stated otherwise with the Product, the Products offered have no EC or ECE type approval and carry no E-mark.
11.4 Versions on which the catalytic converter is removed, including versions with “free flow” or “race” in the name, do not meet the emissions requirements for use on the public road and are supplied solely for use off the public road, including track use. Use on the public road is entirely for the Buyer's account and risk.
11.5 The Buyer acknowledges and accepts that installing non-original exhaust parts, and removing or replacing catalytic converters, can lead to fault codes, a changed sound level, accelerated wear and the lapse or limitation of the factory warranty on the components concerned.
11.6 BRKMN is not liable for damage or consequential damage to the engine, turbocharger, transmission, driveline, exhaust system or other components in so far as this results from the installation or use of the Products delivered, nor for damage resulting from incorrect installation by the Buyer or by a third party engaged by him. This exclusion does not affect mandatory consumer law or article 13.
11.7 The Buyer is himself responsible for reporting modifications to the vehicle to his insurer and for the continued conformity of the vehicle with the vehicle registration and the applicable APK, the Dutch periodic roadworthiness test, as well as the applicable noise and emissions requirements. The consequences of failing to report or of non-conformity are for the Buyer's account and risk.
11.8 Fitment advice is given on the basis of the data provided by the Buyer, including chassis number, model and version. The Buyer warrants that these are correct and complete.
Article 12 - Complaints
12.1 Complaints about the performance of the agreement must be submitted in full and clearly described at info@valvetronic-europe.com within a reasonable time after the Buyer has discovered the defects.
12.2 BRKMN answers complaints within 14 days of receipt. If a complaint requires a longer processing time, BRKMN confirms receipt within 14 days and gives an indication of when a substantive answer will follow.
12.3 Submitting a complaint does not suspend a Business Buyer's payment obligation.
Article 13 - Liability
13.1 BRKMN's liability is limited to performance of the obligations described in article 9, without prejudice to provisions of mandatory law.
13.2 BRKMN is not liable for indirect damage, including consequential damage, loss of profit, lost savings and damage caused by business interruption. This limitation does not apply towards Consumers in so far as the law precludes it.
13.3 Any liability of BRKMN is limited to the amount paid out by its insurer in the case concerned or, if no payment is made, to the invoice amount of the agreement concerned at most.
13.4 The limitations in this article do not apply if the damage is the result of intent or deliberate recklessness on the part of BRKMN or its managers.
13.5 BRKMN is not liable for damage resulting from incorrect or incomplete information provided by the Buyer, including data about the vehicle for which the Product is intended.
Article 14 - Force majeure
14.1 BRKMN is not obliged to perform any obligation if it is prevented from doing so by force majeure, which also includes: strikes, transport obstructions, non-delivery or late delivery by suppliers, import and export restrictions, import duties and other government measures, network failures and extreme weather conditions.
14.2 If the force majeure lasts longer than 90 days, both parties are entitled to cancel the agreement for the part that cannot be performed, without any obligation to compensate damage. Amounts already paid for performance not delivered are refunded.
Article 15 - Privacy
15.1 BRKMN processes personal data in accordance with the General Data Protection Regulation. Data are used solely for the performance of the agreement, for statutory obligations including the accounts and, with consent, for commercial purposes. See the privacy statement on the website for more information.
Article 16 - Intellectual property
16.1 The brand names, logos and design rights of Valvetronic Designs are vested in the manufacturer. Nothing in these terms or in the contract of sale transfers any right to them to the Buyer.
16.2 The content of the online shop, including texts, translations, product descriptions, design and the fitment and specification data compiled by BRKMN, is protected by copyright. Product photographs, technical documentation, sound recordings and videos come from Valvetronic Designs and are used for the sale of those products.
16.3 Reuse, reproduction or publication of this content without prior written permission is not allowed.
Article 17 - Applicable law and disputes
17.1 All agreements to which these terms apply are governed exclusively by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
17.2 Disputes are submitted to the competent court of the Rechtbank Midden-Nederland, unless the law mandatorily designates another court. A Consumer has the option, within one month after BRKMN has invoked this provision in writing, of choosing the court that is competent under the law.
17.3 The parties will only turn to the courts after they have made every effort to settle the dispute by mutual consultation.
Article 18 - Amendment of the terms
18.1 BRKMN is entitled to amend these terms. For agreements in progress, the version that applied at the time the agreement was concluded remains applicable, unless an amendment is to the Consumer's advantage.
Annex - Model withdrawal form
Complete and return this form only if you wish to withdraw from the agreement.
To: BRKMN, trading as Valvetronic Designs Europe, De Korenaar 9, 3894 GN Zeewolde, info@valvetronic-europe.com
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*): ............................................................
- Ordered on (*) / Received on (*): .............................. Order number: ..............................
- Name of consumer(s): ............................................................
- Address of consumer(s): ............................................................
- Signature (only if notifying on paper): .............................. Date: ..............................
(*) Delete as appropriate.