Terms and conditions

Terms and conditions

 

Table of contents:

Article   1 - Definitions
Article   2 - Identity of the merchant
Article   3 - Applicability
Article   4 - The offer
Article   5 - The agreement
Article   6 - Right of withdrawal
Article   7 - Costs in case of withdrawal
Article   8 - Exclusion from right of withdrawal
Article   9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Liability
Article 14 - Force majeure
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or deviant terms and conditions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

Reflection period: the term, during which the customer client can use his right of withdrawal;

Customer and/or business client: the natural person who, not acting as a representative of a business or otherwise professionally motivated, enters into a distance agreement with the merchant;

Business client: the natural person who, acting as a representative of a business or otherwise professionally motivated, enters into a distance agreement with the merchant;

Day: calendar day;

Durable transaction: a distance agreement concerning a series of articles and/or services, of which the delivery and/or purchase obligation is spread over a certain period of time;

Durable medium: any means which the customer and/or business client can use in order to save information that is directed at him personally in a way that enables future consultation and unaltered reproduction.

Right of withdrawal: de possibility for the customer and/or business client to terminate the distance agreement within the reflection period;

Model form: the model form for withdrawal, which the merchant will provide and that the customer and/or business customer can fill out, should he desire to use his right of withdrawal.

Merchant: the natural or legal person who remotely offers products and/or services to the customer and/or business client;

Distance agreement: an agreement during which, as part of the system that has been organized by the merchant for remote sales of products and/or services, only means of remote communication are used until the conclusion of the agreement;

Means of remote communication: means which can be used for entering an agreement, without the customer and/or business client and the merchant having come together physically;

Terms and conditions: the present terms and conditions of the merchant.

 Article 2 - Identity of the merchant

Autodemontagebedrijf Th. Van Gils BV, also acting as Van Gils Automotive

Spiegelstraat 6, 2631 RS NOOTDORP;

Phone number: +31 (0)70-3836357

Accessibility:

Mo-Fr: 8.30 - 17.15

Sa: 8.30 – 13.00

E-mail address: info@vangilsautomotive.nl

KvK number: 27103495

VAT identification number: 810304119

Autodemontagebedrijf Th. Van Gils BV is affiliated with the STIBA.

 Article 3 - Applicability

These terms and conditions apply to every offer that the merchant makes, to every established distance agreement and to order agreements between the merchant and the customer and/or business client. These terms and conditions can be changed or edited by the merchant at any time he so desires. Additional terms and conditions may apply to certain promotions, products or services.

Before the conclusion of the distance agreement, the text of these terms and conditions will be made available to the customer and/or business client. In case this is not reasonably possible, the customer and/or business client will be informed that the terms and conditions can be viewed before the conclusion of the distance agreement and, if the customer and/or business client so desires, they will be sent to him free of charge as soon as possible.

In case the distance agreement is established electronically, it is possible, contrary tot he previous paragraph and prior to establishing the distance agreement, to have the text of these terms and conditions made available to the customer and/or business customer electronically in such a way, that the customer and/or business client can easily save it on a durable medium. In case this is not reasonably possible, the merchant will inform the customer and/or business client about where the terms and conditions can be read electronically before establishing the distance agreement and, if the customer and/or business client so desires, they will be sent to him free of charge electronically or otherwise as soon as possible.

In the event that, aside from these terms and conditions, specific product or service conditions apply, the customer and/or business client can, in case of conflicting conditions, always rely on the applicable conditions that are most favorable to him.

In the event that one or more provisions of these terms and conditions will be annulled entirely or partially, the other provisions of the agreement and these terms and conditions will still apply. Also, the provision concerned will be replaced by one that approximates the intent of the original provision as closely as possible immediately.

Situations that are not taken care of in these terms and conditions should by judged  by the spirit of these terms and conditions.

Ambiguities about the interpretation or the contents of one or more provisions of our terms and conditions should be judged by the spirit of these terms and conditions.

 

Article 4 - The offer

In case an offer has a limited term of validity or occurs under conditions, this will be mentioned explicitely in the offer.

The offer is not binding. The merchant is authorized to change, edit or cancel the offer.

The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable the customer and/or business client a proper assessment. In case the merchant makes use of images, these will display a truthful view of the products and/or services on offer. Apparent mistakes or errors are not binding for the merchant.

All of the images, specifications and data in the offer are indicative and will not be a ground for compensation or termination of the agreement.

Images displayed with the products display a truthful view of the products on offer. The merchant cannot guarantee that the colors on display will correspond exactly with the true colors of the products.

Each offer contains enough information for the customer and/or businessclient to understand what the rights and obligations related to accepting the offer are. This especially concerns:

* the price is displayed with taxes included;

* possible shipping costs;

* the way the agreement will be realized and the actions required in order to do so;

* whether or not the right of withdrawal applies;

* the method of payment, delivery and execution of the agreement;

* the term during which the offer should be accepted or the term during which the merchant guarantees the price;

* the rates for remote communication in case the costs of using the means of remote communication are calculated based on a different principle than the normal rates of the means of communication used;

* if the agreement will be archived after it has been established and if so, in what way the customer and/or business client can consult it;

* the way the customer and/or business client can consult and, if necessary, correct the data he provided regarding the agreement before the agreement is concluded;

* the possible languages, other than Dutch, in which the agreement can be established;

* the codes of conduct to which the merchant is subject and the way the customer and/or business client can consult these codes of conducts electronically; and

* the minimum length of the distance agreement in case a durable transaction is established.

 

Article 5 - The agreement

The agreement will, subject to what is determinded in paragraph 4, be established at the moment the customer and/or business client accepts the offer and meets the applicable terms and conditions.

In case the customer and/or business client accepts the offer electronically, the merchant will electronically confirm that he has received the acceptance of the offer immediately. As long as this is not confirmed by the merchant, the customer and/or business customer has the right to terminate the agreement.

In case the agreement is established electronically, the merchant will take appropriate technical and organizational measures to secure the electronic transfer of data and to create a secure web environment. In case the customer and/or business client has the possibility to pay electronically, the merchant will take appropriate security measures to facilitate that.

The merchant is allowed - within legal boundaries - to inquire about the customer’s and/or the business client’s ability to meet his payment obligations or about other facts and factors that are relevant for establishing a responsible distance agreement. In case the merchant has reasonable grounds not to establish the agreement based on this inquiry, he is allowed to reject an order or an inquiry or to apply special conditions to the execution of the agreement.

Along the product and/or service, the merchant will provide the customer and/or the business client with the following information, either in written form or in such a form, that the customer and/or business client can easily save the information on a durable medium:

a. the physical address of the office the customer and/or business client can turn to in case he has complaints;

b. the conditions under which the customer and/or business client can make use of his right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;

c. information about warranties and existing services that apply after the purchase;

d. the data defined in article 4 paragraph 3 of these terms and conditions, unless the merchant already provided the customer and/or business client with  this information before the execution of the agreement;

Any established agreement will be subject to the condition precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

In case products are delivered:

The right of withdrawal only applies to sales transactions between the merchant and a customer.

After purchasing products, the customer has the possibility to terminate the agreement without statement of reasons within 14 days. This reflection period will commence on the day following the receipt of the product by the customer or a representative who has been appointed by the customer and disclosed to the merchant prior to establishing the agreement.

During the reflection period, the customer will handle the product and the packaging with care. He will only unpack the product in such a degree as is necessary in order to determine if he wishes to keep the product. In case he makes use of his right of withdrawal, he will return the product with all provided accessories and - if  reasonably possible - in its original state in accordance with the reasonable and clear instructions provided by the merchant.

When the customer wishes to make use of his right of withdrawal, he must inform the merchant of this within 14 days after receiving the product. In order to inform the merchant, the customer should use the model form. After informing the merchant that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must show evidence that he sent back the product in time, for instance by showing a proof of dispatch.

In case the customer has not informed the merchant that he wishes to make use of his right of withdrawal or has not sent back the product to the merchant after the terms mentioned in paragraph 2 and 3 have ended, the buy will be final.

In case services are supplied:

In case services are supplied, the customer has the possibility to terminate the agreement without statement of reason within 14 days, starting from the day the agreement is established.

In order to make use of his right of withdrawal, the customer and/or business client will comply with the reasonable and clear instructions that the merchant has provided him with the offer and/or at the latest during delivery.

 

Article 7 - Costs in case of withdrawal

In case the customer makes use of his right of withdrawal, the costs on his behalf will not exceed the shipping costs.

In case the customer has already paid a certain amount, the merchant will refund him as soon as possible, but at the latest within 14 days. The condition is that the product has already been received by the merchant or that conclusive evidence of the return shipment can be shown.

 

Article 8 - Exclusion from the right of withdrawal

The merchant can exclude the customer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion from the right of withdrawal only applies when the merchant has clearly mentioned this in the offer in a timely manner before concluding the agreement.

Exclusion from the right of withdrawal is only possible for products:

a. that have been created by the merchant according to the customer’s specifications;

b. that are clearly of a personal nature;

c. that, due to their nature, cannot be sent back;

d. that can easily spoil or age;

e. of which the price is subject financial market fluctuations on which the mechant has no influence whatsoever;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the customer has broken the seal;

h. for hygiene products of which the customer has broken the seal;

Exclusion from the right of withdrawal is only possible for services:

a. concerning lodging, transportation, catering or leisure activities to be carried out on a specific date or during a specific period;

b. of which the supply has already commenced before the end of the reflection period with explicit consent from the customer;

c. concerning bets and lotteries.

 

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be raised.

The validity period of promotions as mentioned is as mentioned on the website and/or while supplies last.

In deviation from what has been defined in the last paragraph, the merchant can offer products or services for variable prices, given that they are subject to financial market fluctuations and on which he has no influence whatsoever. This dependence on fluctuations and the fact that possible mentioned prices are guide prices should be mentioned in the offer.

Price increases within 3 months after establishing the agreement are only allowed when they are the result of legislative regulations or provisions.

Price increases from 3 months onward after establishing establishing the agreement are only allowed when the merchant has stipulated these and:

a. they are the result of legislative regulations or provisions; or

b. the customer and/or business client has the authority to cancel the agreement from the day on which the price increase will go into effect.

The prices mentioned in the offer of products or services are mentioned excluding and including VAT.

All prices are subject to mistakes and printing errors. No liability is accepted for any consequences of mistakes and printing errors. In case of mistakes and printing errors, the merchant is not obligated to supply the product for the erroneous price.

 

Article 10 - Compliance and warranty

The merchant will guarantee that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable demands of reliability and/or usability and the legislative and/or governmental legislations that are in effect on the date the agreement is established. When agreed upon, the merchant also agrees that the product is suitable for a different use than normal use.

Any warranty provided by the merchant, the manufacturer or importer does not affect the legal rights and claims that the customer and/or business client may assert against the merchant based on the agreement.

The merchant must be informed in written form about possible defects or misdelivery within 4 weeks after delivery. When returned, the product must be in its original packaging and in the state in which the merchant shipped it.

For new products, the term of warranty corresponds with the factory warranty term. To used products, the STIBA warranty conditions as provided by the merchant applies. The merchant, however, will never be liable for the eventual suitability of the products for every individual use by the customer and/or business client. Neither will he be liable for possible reccomendations regarding the use or application of the products.

Warranty does not apply when:

the customer and/or business client has repaired and/or processed the goods supplied himself and/or let a third party repair and/or process the product;

the goods supplied have been exposed to abnormal circumstances or have been handled carelessly or contrary to the instructions of the merchant and/or on the packaging;

the defect or fault is entirely or partially caused by regulations that the government has put in place or will put in place regarding the nature or the quality of the materials used.

Article 11 - Delivery and execution

The merchant will take the utmost care regarding conducting and executing product orders and the assessment of service inquiries.

The place of delivery is the address that the customer and/or business client has provided to the merchant.

Subject to what is defined in paragraph 4 of this article, the merchant will execute the accepted orders with appropriate haste, but at the latest within 30 days, unless the customer and/or business client agreed to a later delivery deadline. In case the delivery will be delayed or when an order cannot be executed or only partially, the customer and/or business client will be informed about this within 30 days after placing the order. In that case, the customer and/or business client has the right to terminate the agreement free of charge. The customer and/or business client has no right to compensation.

All delivery terms are indicative. The customer and/or business customer cannot invoke any rights related to the terms mentiones. Excess of a term does not provide the customer and/or business client any right to compensation.

In case of termination in accordance with paragraph 3 of this article, the merchant will refund the amount that the customer and/or business client has paid with appropriate haste, but at the latest within 14 days after termination.

In case the delivery of a product ordered turns out to be impossible, the merchant will make any effort possible to provide a replacement article. During delivery at the latest, the fact that a replacement article is being delivered will be mentioned clearly and understandably. The right of withdrawal cannot be excluded in case of a replacement article. The costs for a possible return shipment are on behalf of the merchant.

The risk of damage to and/or loss of the products will be on behalf of the merchant until the product is delivered to the customer and/or business client or a third party that has been appointed by the customer and/or business client and disclosed to the merchant prior to establishing the agreement, unless they have expressly agreed otherwise.

 

Article 12 - Payment

Any product purchased by the customer and/or business client must be paid in advance or when the product is delivered.

Unless agreed otherwise, the customer and/or business client must pay the amount within 7 working days after the reflection period as defined in article 6 paragraph 1 has gone into effect. For agreements regarding services, this term will go into effect after the customer and/or business client has received a confirmation of the agreement.

The customer and/or business customer must inform the merchant about errors or inaccuracies in the payment information provided immediately.

In case of non-payment by the customer and/or business client, the merchant has - within legal boundaries - the right to charge the customer and/or business client with reasonable costs,  provided that he has informed the customer and/or business client about the costs in advance.

 

Article 13 - Liability

The merchant is only liable towards the customer and/or business client for damages that are the forseeable and direct result of an accountable shortcoming by the merchant in the execution of his obligations according to the agreement between him and the customer and/or business client. Any form of consequential damage is excluded from compensation. This includes, among other things: business damage, default damage (other than statutory interest), damage due to depreciation, loss of enjoyment, loss of profit or losses suffered, damage related to being towed, a replacement vehicle or rental or lease costs, damage due to extra transportation expenses, damage due to a violation of patents, licenses or other rights of third parties as a result of the use of data that were provided by or on behalf of the customer and/or business client, or damage or loss, for whatever cause, of raw materials, semi-manufactured producs, models, tools or other matters provided by the customer and/or business client, as well as personal or intangible loss.

In case the merchant has to compensate any damage subject to what is defined in paragraph 1 of this article, it will only apply to any damage for which he is insured or for which he reasonably should have been insured, provided that a higher amount than the insured amount or the reasonably insurable amount will never be eligible for compensation. This paragraph is intented to define a maximum.

Regarding the state of activities and/or products delivered by the merchant, his liability towards the customer and/or business client will not extend any further than is defined in the warranty conditions, as defined in article 14. The customer and/or business client will not accrue the rights that the customer and/or business customer not acting as a representative of a business or otherwise professionally motivated has by law, as the law owing to book 7 BW (the Dutch civil code) to which the product complies to the agreement upon delivery.

Every other claim for compensation, for any reason whatsoever, is excluded.

The customer and/or business client must safeguard the merchant agains all claims by third parties, unless the merchant is liable according to this article.

Our liability is limited to the delivery of goods within the European mainland. Any claim for compensation related to deliveries or resale to a non-European country or overseas territories of a European country is excluded.

 

Article 14 - Force majeure

In case the execution of an agreement turns out to be problematic or impossible for the merchant as a result of force majeure, he is allowed to terminate the agreement, insofar as it hasn’t been executed yet, by offering a written statement, in which the circumstances that make the further execution of the agreement promblematic or impossible are explained to the customer and/or business client.

Under force majeure, the following circumstances are understood, though not exclusively:

- war or a similar situation, riot, sabotage;

- fire, lightning impact, explosion, outflow of hazardous substances or gases;

- malfunction in the power supply, factory or company malfunctions of any kind;

- boycot, strike, obstruction when executed by others than the merchant’s employees;

- transport obstruction, hold-up owing to frost, import and export bans;

- non-attributable shortcomings from third parties brought in by the merchant on behalf of the execution of the agreement;

- any obstruction caused by governmental measures;

- epidemics;

- theft, embezzlement or damage to matters from storage, workshop or any other of the merchant’s premises or during transport;

- any (other) circumstance which obstructs the merchant’s regular business operations and due to which fulfillment of the agreement cannot reasonably be expected from the merchant. What is defined in this paragraph also applies in case these circumstances concern the merchant’s suppliers or any other third party brought in by the merchant.

In case an event of force majeure occurs on the merchant’s side, he will inform the customer and/or business customer about this as soon as possible, also specifying whether or not delivery is still possible and if so, within what time frame delivery will occur.

In case delivery as a result of force majeure has not become permanently impossible, yet still cannot occur within 3 months after the agreed delivery date, both parties are allowed to terminate the agreement by informing the other party of this in written form, without either of the parties being able to lay claim to compensation. Such a notice should occur within 1 week after (receiving) the notification as mentioned in paragraph 3.

 

Article 15 - Complaints procedure

The merchant possesses a sufficiently disclosed complaints procedure and will process any complaints in accordance with this complaints procedure.

Complaints about the execution of the agreement must be filed with the merchant within 14 days after delivery and must contain a complete and clear description of the complaint.

Complaints filed with the merchant will be replied to within 14 days, counted from the receipt date. If a complaint forseeably requires a longer processing time, the merchant will answer with a receipt notice and an indication of when the customer and/or business client can expect a more detailed answer within 14 days.

In case the complaint cannot be solved by mutual agreement, the dispute is susceptible to dispute resolution.

In case of complaints, the customer and/or business client must first turn to the merchant. In case these complaints cannot be solved by mutual agreement, the customer and/or business client should turn to the Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. In case the matter remains unresolved, the customer and/or business client has the option to have his complaint handled by the Stichting GeschilOnline (www.geschilonline.com). Its decision is binding and both the merchant and the customer and/or business client agree with this binding decision. Filing a dispute with this dispute committee involves a fee which should be paid by the customer and/or business client to the committee in question. In addition, it is possible to file a complaint with the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the merchant’s obligations, unless the merchant has stated otherwise in written form.

In case a complaint is considered well grounded by the merchant, the merchant will repair or replace, as will be decided by the merchant, the supplied products free of charge. In case the merchant cannot supply a replacement product, he will refund the customer and/or business customer for the product.

 

Article 16 - Disputes

Only the Dutch law applies to agreements between the merchant and the customer and/or business client to which these terms and conditions apply. Even when the customer and/or business client is a foreign resident.

The Vienna Convention does not apply.

Article 17 - Additional or deviant terms and conditions

Additional terms and conditions or terms and conditions that deviate from these terms and conditions should not be at the disadvantage of the customer and/or business client and must be recorded in written form or in such a form that the customer and/or business client easily can save them on a durable medium.