General terms and conditions

Article 1 – Definitions

In these conditions the following terms apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day(s): calendar day(s);
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and offers products, (access to) digital content and/or services remotely to consumers;
Distance Agreement: an agreement between the entrepreneur and the consumer is concluded within the framework of an organised system for the distance selling of products, whereby up to and including the conclusion of the agreement, exclusive or additional use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order.;
Distance communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time;
Business customer: the natural person who acts in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer and/or business customer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers and/or business customers;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and/or business customer and entrepreneur being together in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Car dismantling company Th. Van Gils BV, also trading as Van Gils Automotive
Spiegelstraat 6, 2631 RS NOOTDORP;

Telephone number: +31 (0)70 - 38 36 357

Accessibility:
Mon-Fri: 8.30 - 17.15
Sat 8:30 – 13:00

Email address: info@vangilsautomotive.nl
Chamber of Commerce number: 27103495
VAT identification number: 810304119

Car dismantling company Th. Van Gils BV is affiliated with the STIBA.

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer and/or business customer. These general terms and conditions can be changed or supplemented by the entrepreneur at any time as required. Additional Terms and Conditions may apply to certain offers, products or services.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer and/or business customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer and/or business customer as soon as possible at the request of the consumer and/or business customer.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer and/or business customer electronically in such a way that they can be easily stored by the consumer and/or business customer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer and/or business customer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer and/or business customer can always rely on the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained are 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change, adjust and cancel the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer and/or business customer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Product images are a true representation of the products offered. Entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Each offer contains such information that it is clear to the consumer and/or business customer what the rights and obligations are that are associated with accepting the offer. This concerns in particular:

- the price is shown including taxes or indicated as a margin;
- any shipping costs;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after it has been concluded, and if so, how it can be consulted by the consumer and/or business customer;
- the manner in which the consumer and/or business customer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;< /li>
- the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer and/or business customer may consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a long-term transaction.

Artikel 5 - De overeenkomst

De overeenkomst komt, onder voorbehoud van het bepaalde in lid 4, tot stand op het moment van aanvaarding door de consument en/of zakelijke klant van het aanbod en het voldoen aan de daarbij gestelde voorwaarden.
Indien de consument en/of zakelijke klant het aanbod langs elektronische weg heeft aanvaard, bevestigt de ondernemer onverwijld langs elektronische weg de ontvangst van de aanvaarding van het aanbod. Zolang de ontvangst van deze aanvaarding niet door de ondernemer is bevestigd, kan de consument en/of zakelijke klant de overeenkomst ontbinden.
Indien de overeenkomst elektronisch tot stand komt, treft de ondernemer passende technische en organisatorische maatregelen ter beveiliging van de elektronische overdracht van data en zorgt hij voor een veilige webomgeving. Indien de consument en/of zakelijke klant elektronisch kan betalen, zal de ondernemer daartoe passende veiligheidsmaatregelen in acht nemen.
De ondernemer kan zich - binnen wettelijke kaders - op de hoogte stellen of de consument en/of zakelijke klant aan zijn betalingsverplichtingen kan voldoen, evenals van al die feiten en factoren die van belang zijn voor een verantwoord aangaan van de overeenkomst op afstand. Indien de ondernemer op grond van dit onderzoek goede gronden heeft om de overeenkomst niet aan te gaan, is hij gerechtigd gemotiveerd een bestelling of aanvraag te weigeren of aan de uitvoering bijzondere voorwaarden te verbinden.
De ondernemer zal bij het product of dienst aan de consument en/of zakelijke klant de volgende informatie, schriftelijk of op zodanige wijze dat deze door de consument en/of zakelijke klant op een toegankelijke manier kan worden opgeslagen op een duurzame gegevensdrager, ter beschikking stellen:
het bezoekadres van de vestiging van de ondernemer waar de consument en/of zakelijke klant met klachten terecht kan;
de voorwaarden waaronder en de wijze waarop de consument van het herroepingsrecht gebruik kan maken, dan wel een duidelijke melding inzake het uitgesloten zijn van het herroepingsrecht;
de informatie over garanties en bestaande service na aankoop;
de in artikel 4 lid 3 van deze voorwaarden opgenomen gegevens, tenzij de ondernemer deze gegevens al aan de consument en/of zakelijke klant heeft verstrekt vóór de uitvoering van de overeenkomst;

Iedere overeenkomst wordt aangegaan onder de opschortende voorwaarden van voldoende beschikbaarheid van de betreffende producten.

Article 6 – Right of withdrawal

When delivering products:

The right of withdrawal only applies to sales transactions (distance sales) between the entrepreneur and the consumer.

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the consumer has not indicated that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, resp. the product has not been returned to the entrepreneur, the purchase is a fact.

In the case of delivery of services:

In the case of delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement was concluded.
In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

If the consumer exercises his right of withdrawal, at most the costs of return will be at his expense.
If the consumer has paid an amount for the part, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
1. that have been created by the entrepreneur in accordance with the consumer's specifications;
2. that cannot be returned due to their nature;

Exclusion of the right of withdrawal is only possible for products:
1. of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
2. of which the support and sales department of the entrepreneur has expressly indicated that the product does not fit the consumer's vehicle and of which the consumer has indicated that the part does fit.
3. The entrepreneur and the consumer have agreed in advance to waive the right of withdrawal for this transaction.

Sealed products:

Sealed products may be returned provided that the seal has not been broken. The consumer has the right to cancel the order up to 14 days after receipt without giving any reason, provided that the seal of the product has not been broken.

If the seal is broken, the order is final and can no longer be returned.

Examples of sealed products are audio and navigation equipment and software.

You can download the withdrawal form here .

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased.
The validity period of offers is as stated on the website and/or while stocks last.
Indication of prices, of items offered for sale and of specifications contained in general offers are without obligation. They do not bind the STIBA member and the buyer cannot rely on them, unless otherwise agreed or indicated.
these are the result of statutory regulations or provisions; or
the consumer and/or business customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are stated excluding and including VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer and/or business customer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in the original packaging and in the condition in which the product was sent by the entrepreneur.
The following applies to new products: The entrepreneur's warranty period corresponds to the manufacturer's warranty period. For used products, the STIBA warranty conditions as provided by the entrepreneur apply. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer and/or business customer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer and/or business customer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer and/or business customer has made known to the company.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer and/or business customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer and/or business customer will be notified of this no later than 30 days after placing the order. In that case, the consumer and/or business customer has the right to terminate the agreement without costs. The consumer and/or business customer is not entitled to compensation.
All delivery times are indicative. The consumer and/or business customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer and/or business customer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer and/or business customer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer and/or business customer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

All products purchased by the consumer and/or business customer must be paid in advance or upon delivery of the product.
Unless otherwise agreed, the amounts owed by the consumer and/or business customer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer and/or business customer has received confirmation of the agreement.
The consumer and/or business customer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer and/or business customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer and/or business customer in advance.

Article 13 - Shipping costs

Shipping costs are automatically calculated when you order the part(s) you purchased.
Different and/or additional shipping costs may be charged with your order. The sales staff of Van Gils Automotive will discuss any deviating or additional shipping costs with you and these will be charged to your order.

In the case of parts that weigh more than 20 (twenty) kilos, parts that are larger than the size with the length of 120 (one hundred and twenty) cm x width 60 (sixty) cm x height 50 (fifty) cm, parts that are sent by pallet, parts that are fragile and are sent in an alternative way, for example glass and sheet metal, the additional shipping costs will be charged to you on a post-calculation basis.

Article 14 - Liability

The Entrepreneur is only liable to the consumer and/or business customer for damage that is the foreseeable and direct result of an attributable shortcoming on the part of the Entrepreneur in the performance of his obligations under the agreement between him and the consumer and/or business customer. Any form of consequential or indirect damage is excluded from compensation. This includes, among other things: business damage, delay damage (other than statutory interest), damage due to depreciation, loss of enjoyment, loss of profit, or loss suffered, damage in connection with costs for towing or replacement transport or rental and lease costs, damage due to additional transport costs, damage to (goods of) third parties, cargo damage, damage due to infringement of patents, licenses or other rights of third parties as a result of the use of data provided by or on behalf of the consumer and/or business customer, or damage or loss, due to whatever cause, of raw materials, semi-finished products, models, tools and other items made available by the consumer and/or business customer, as well as personal or immaterial damage.
To the extent that the Entrepreneur is obliged to compensate for damage under the provisions of paragraph 1 above, this concerns only that damage against which he is insured or should reasonably have been insured, with the understanding that never a higher amount than the maximum insured or reasonably insurable amount will be eligible for compensation. The purpose of this provision is to establish a damage ceiling.
With regard to the condition of the work and/or goods delivered by the Entrepreneur, his liability towards the consumer and/or business customer does not extend further than described in the warranty conditions, as determined in article 14. The consumer and/or business customer is not entitled to the rights that the law grants the consumer and/or business customer not acting in the exercise of a profession or business on that basis, such as the right under Book 7 of the Dutch Civil Code that the item complies with the agreement upon delivery.
Any other claim for damages, on whatever basis, is excluded.
The consumer and/or business customer indemnifies the Entrepreneur against all claims from third parties, unless the Entrepreneur is liable under this article.
Our liability is limited to deliveries of goods within mainland Europe. Any claim for damages in connection with a (onward) delivery to a non-European country or an overseas territory of a European country is excluded.

Article 15 - Force Majeure

If it appears that the execution of an agreement becomes difficult or impossible for the Entrepreneur as a result of force majeure, he is entitled to dissolve the agreement, insofar as it has not yet been executed, by means of a written statement, notifying the consumer and/or business customer of the circumstances that make further execution difficult or impossible.
Force majeure within the meaning of these conditions includes, but is not limited to:
war or a similar situation, riot, sabotage;
fire, lightning, explosion, release of hazardous substances or gases;
disruption in the energy supply, factory or business disruption of any nature whatsoever;
boycott, occupation, blockade insofar as carried out by persons other than employees employed by the Entrepreneur;
transport obstacles, frost damage, import and export bans;
non-attributable shortcoming(s) of third parties, engaged by the Entrepreneur for the purpose of executing the agreement;
all obstacles caused by government measures;
epidemics;
theft, embezzlement or damage to goods from the Entrepreneur's warehouse, workshop or other business premises, or during transport;
as well as any (other) circumstance that hinders the normal course of the Entrepreneur's business, as a result of which compliance with the agreement cannot reasonably be expected of the Entrepreneur. The provisions of this section also apply if these circumstances concern suppliers of the Entrepreneur and other third parties engaged by him.
If a force majeure situation occurs on the side of the Entrepreneur, he will inform the consumer and/or business customer as soon as possible, stating whether delivery is still possible and if so, within what period.
If delivery has not become permanently impossible as a result of force majeure, but cannot still take place within a period of 3 months after the agreed delivery date, both parties are entitled to terminate the agreement by notifying the other party in writing, without one party being entitled to claim compensation from the other party. Such notification must be made within 1 week after the (receipt of the) notification as mentioned in section 3 above.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described in writing within 14 days after delivery.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer and/or business customer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge. If the entrepreneur cannot deliver a replaceable product, it will refund the amount paid by the consumer and/or business customer for the product.

Artikel 17 - Geschillen

Op overeenkomsten tussen de ondernemer en de consument en/of zakelijke klant waarop deze algemene voorwaarden betrekking hebben, is uitsluitend Nederlands recht van toepassing. Ook indien de consument en/of zakelijke klant woonachtig is in het buitenland.
Het Weens Koopverdrag is niet van toepassing.

Article 18 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and/or business customer and must be recorded in writing or in such a way that they can be stored by the consumer and/or business customer in an accessible manner on a durable data carrier.

Download here the General Terms and Conditions of van Gils Automotive