Warranty conditions
Definitions
In these conditions, the following terms are understood to mean:
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Consumer
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the natural person who does not act for purposes related to his trade, business, craft or profession.
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| Reasonable period |
the period in which the entrepreneur acts within fairness and reasonableness. |
| Entrepreneur |
the natural or legal person who is a member of the Dutch Thuiswinkel Organization and products, (access to) digital content and/or remote services to consumers offers. |
| Business customer |
the company or agency that performs work/services for the consumer on behalf of its own business. |
- The consumer and/or business customer can only derive rights from a guarantee if he proves that he has purchased the goods from the entrepreneur. This proof can be provided by the consumer and/or business customer by presenting the relevant purchase agreement or invoice to the entrepreneur.
- Claims of the consumer and/or business customer under a guarantee are not transferable to third parties.
- The entrepreneur guarantees the soundness and usability of the goods delivered by it for six months or up to a maximum of 20,000 km after purchase. The consumer and/or business customer therefore has the right to offer the delivered item to the entrepreneur for replacement or repair for six months or up to a maximum of 20,000 km in the event of proven defectiveness, at the entrepreneur's discretion, in accordance with the applicable General Terms and Conditions. This proof can be provided by the consumer and/or business customer by presenting the relevant “work order” or invoice to the entrepreneur.
- If point 3 of these Warranty Conditions and the General Terms and Conditions are met, the entrepreneur undertakes to repair the item offered for replacement/repair within a reasonable period of time or to replace it with comparable goods, unless the entrepreneur is unable to do so, in which case the entrepreneur will refund the relevant invoice amount. The entrepreneur has no obligation to repair/replace. This is the entrepreneur's consideration. The amount to be refunded can be a maximum of the invoice amount.
- The goods received by the consumer and/or business customer after repair/replacement are again eligible for the basic warranty (or until the end date of the original additional warranty).
- The consumer and/or business customer cannot claim any form of warranty:
- if the consumer and/or business customer has provided incorrect or insufficient information regarding the brand and type designation of the purchased item and/or the vehicle for which the part is intended;
- The warranty obligation lapses if the consumer and/or business customer does not or has not met his payment obligations on time. The consumer and/or business customer is not entitled to refuse payment on the grounds that his warranty obligations have not yet been or have not been fully met;
- If the product has been opened, sprayed, is no longer in the condition in which it was delivered.
- Excluded from the warranty are:
- defects in materials or parts that have been prescribed or made available by the consumer and/or business customer;
- defects in built-in electronic components;
- defects in fuel systems if the tank and additional components are not flushed or replaced. The warranty also does not extend to the repair of engine defects that have arisen as a result of the use of fuels for which the engine (according to the manufacturer's instructions on prescribed fuel use) is not suitable or for which the engine has not been made suitable by the consumer / business customer.
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engine damage caused by failure and/or incorrect use of the electronic components and/or the electronic peripherals is also excluded from the warranty, as are defects in items that are not material and/or construction defects (such as defects resulting from normal wear and tear, internal and external contamination, rust and paint damage, transport, freezing, overheating, overloading and/or dropping the product);
- if parts other than those prescribed by the manufacturer have been used during installation;
- if non-original parts have been used during installation;
- if the purchased item has been installed in a vehicle for which it was not originally intended;
- if the purchased item has been built into a sports car or a tuned vehicle;
- defects that arise as a result of: intent, failure to perform normal or prescribed maintenance, incorrect installation/connection/changes made by third parties, poor treatment, incorrect (or other than the normal intended) use are also excluded from the warranty;
- nor is there any claim to warranty in respect of defects that arise as a result of accessories belonging to the item, but not by controlled, as well as in respect of defects and damage that arise from participation of a vehicle in competitions or speed tests.
- Warranty on engines and/or gearboxes only applies if it can be demonstrated that oil and, if present, toothed belt/distribution chain, multi-belt and the existing filters have been renewed.
- No warranty is given on work and/or parts that relate to the installation and removal.
- If any other provision of the applicable General Terms and Conditions or Warranty Conditions, insofar as these are prescribed under penalty of forfeiture of rights.
- The consumer and/or business customer cannot derive any right to compensation of any kind from a warranty, except insofar as the entrepreneur is obliged to do so under the law or the applicable General Terms and Conditions.
- The entrepreneur has the right to deviate from these Warranty Conditions, if the consumer and/or business customer has been expressly informed of this before concluding the purchase agreement and the deviating provisions have been recorded in writing between the entrepreneur and the buyer.